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Balls blunder over 'unlawful' bonuses for headteachers
Tim Ross, Education Correspondent22 Apr 2009
CHILDREN'S Secretary Ed Balls faced embarrassment today after he backed "unlawful" bonus payments for state school headteachers.
The head of a London comprehensive has been referred to the Audit Commission for investigation after he was paid at least £130,000 in bonuses, amid concerns of a City-style "gold rush" in state schools.
Earlier this month, Mr Balls said bonuses for heads were "fine by me". But officials in the minister's department have now confirmed such payments are unlawful for state school staff.
A spokesman for the Department for Children, Schools and Families told the Standard: "There is currently no provision for bonus payments to be made in a maintained school. Such action by a governing body would be unlawful."
The minister's critics accused him of losing control over his brief.
Shadow children's secretary Michael Gove said the matter "suggests Ed Balls doesn't know what's going on in his own department".
Liberal Democrat schools spokesman David Laws said: "Appearing to support bonuses and then being told they are illegal is not only embarrassing for Ed Balls but it has also caused unnecessary confusion for schools."
The controversy arose after a whistleblower teacher revealed Sir Alan Davies, head of Copland Community College in Wembley, received bonuses of at least £130,000 over two years.
Teacher Hank Roberts said the payments to Sir Alan were "totally unacceptable" and sent complaints to the Audit Commission and the DCSF. Mr Roberts has since been suspended from Copland over an unrelated issue, but insists he has done nothing other than speak out over the payments.
Mr Balls was asked for his views on bonuses at a teachers' conference on 6April. He said he had not "come across" bonuses being paid to state school heads. But he added: "I don't think there is any reason why it should not be part of the pay package for headteachers. If that is decided at a local level that would be fine by me."
A spokeswoman for his department said: "Ed Balls was clear he supported performance related pay and additional payments to retain and reward the best heads who take on additional responsibilities - which are entirely legal.
"We are also clear that retrospective bonus payments are not legal. We have said all along that we cannot comment on an individual case until we have all the facts."
Earlier this month Sir Alan said he believed he was worth the bonuses in light of steadily improving results.
When questioned over the suggestion that bonuses in state schools were "unlawful", he declined to comment. The chairman of governors at Copland, Dr IP Patel, claimed the DCSF was "wrong" to say bonuses were illegal.
