Ukraine Crisis - Legal Implications and Considerations for UK Schools
The rapidly developing crisis in Eastern Europe is a cause for concern on many levels.
How things will develop we cannot say, but rising tensions, the prospect of sustained and significant armed hostilities and the imposition of unprecedented sanctions against Russia all have immediate and ongoing implications including here in the UK.
We suggest that schools consider early what this situation might mean for them so that risks can be identified and mitigated wherever possible. This will be particularly important for schools with communities which include Russian and Ukrainian nationals. We recommend schools carry out an impact assessment which considers how the unfolding situation will or could impact pupils and business operations. That assessment should be kept under review as the situation develops and we recommend that schools make arrangements to monitor the political situation closely so that any necessary action can be taken when it is timely.
Impact on Russian and Ukrainian Pupils
The most obvious and immediate impact may be to any pupils who are Ukrainian or Russian nationals.
We suggest that, where applicable, you consider the following:
- How many Russian/Ukrainian pupils do you have or are registered to start in September? Is there a possibility that any might withdraw from school earlier than anticipated, or not take up their offer of a place at the school?
- Are they sponsored and if so is there any change in their circumstances that will need to be reported to UKVI?
- Any pupils yet to apply for their Child Student visa needing to demonstrate that they hold sufficient funds is unlikely to satisfy that requirement if the funds are held in a sanctioned bank.
- Are contingency arrangements needed if pupils cannot return home in the holidays - including consideration of whether any pupils who under the age of 16 will be staying with someone who is not a family member and, if so, will this will give rise to a private fostering arrangement?
- Is there any risk of peer on peer conflict and how can this be managed?
- What pastoral support is needed and can be arranged for any pupils who are affected by the crisis?
Business Operations
The crisis and application of sanctions will have political and economic impacts which could include new and increased supply chain issues and rising costs. We suggest you ensure you have reliable arrangements and plan for any anticipated disruption or rising cost base.
Sanctions against banks and individuals and restrictions on payment systems may impact your contractual arrangements with parents and the payment of fees in particular. This is because UK sanctions can freeze the UK based assets of the target and prohibit all UK organisations from further dealings with that individual. Such dealings can include taking further payments against fees, including any advance payments, applying advance payments held against fees, refunding any advance payments and taking and refunding deposits. We suggest that schools monitor the list of announced sanctions closely with view to considering any likely or potential impacts. See the UK sanctions list here.
In the case of any affected arrangements, schools should consider if suitable alternative arrangements can be made and what other action can be taken, where this is not possible. It may be necessary to seek clearance from the National Crime Agency to proceed in the case of dealings with any connected parties, which might otherwise constitute a criminal offence under criminal finance and anti-money laundering legislation. We would suggest that schools also consider their current anti money laundering procedures and whether they should be enhanced in any way to ensure that all relevant links with sanctioned individuals or organisations are identified and taken into account.