Schools that decide to close early for Christmas to attempt to reduce the spread of coronavirus may face legal action. 

New powers introduced through the Coronavirus Act allow the Government to issue ‘directions’ to headteachers around education provision during the pandemic.

Should schools fail to comply after being directed to remain open, Education Secretary Gavin Williamson could apply for a High Court injunction forcing them to do so.

Presdales School in Ware, Hertfordshire, has already been threatened with legal action after it planned to switch to online learning for the final week of term.

Its headteacher was sent a ‘minded to direct’ letter from schools minister Nick Gibb warning that the emergency powers could be used, Schools Week reported. The school reportedly scrapped the plans after receiving the letter.

Ministers have repeatedly reiterated that keeping schools open is their number one priority as the UK continues to battle the pandemic – and have ruled out a return to online learning in the run up to the festive period. 

They have allowed schools to hold an inset day on the last Friday of term but all schools are expected to be open for pupils for the majority of next week.

It’s understood some schools may be planning to close early anyway while others may turn a blind eye if parents want to keep their children at home. Some councils have also indicated that they will back schools that decide they need to close. 

It comes as spiralling infection rates among secondary school age pupils were blamed for spikes in the number of cases in London, Essex and Kent. 

Matt Hancock announced on Thursday that mass testing would be rolled out to schools in these hard-hit areas to try to get a grip on the spread of the virus. 

But Geoff Barton, general secretary at the Association of School and College Leaders, told the Telegraph that the Health Secretary’s ‘dramatic’ announcement ‘may have the unintended consequence of spooking everyone’.

He said: ‘There is an increasing sense that young people just aren’t coming into school. I think there will be a lot of parents who will take decisions into their own hands.

‘They will just vote with their feet and say “I would prefer my children to be at home, I don’t want the risk of my child being in school”.’

Health officials decided on Friday that the self isolation period for those who have come into contact with someone with Covid-19 should be 10 days. 

This means the last date someone could come into contact with an infected person and still see their family on Christmas Day is Monday. Most schools are due to break up on or before December 18.

Headteachers are therefore expected to see a big drop in attendance as parents keep their children off, rather than cancel Christmas. 

Essex County Council has announced it will support primary schools in the area to move to online teaching if necessary but stressed there will be no ‘blanket move’ to introduce remote learning for all. 

The Welsh Government has already told schools to move to online learning from Monday. 

A DfE spokeswoman said the direction under the Coronavirus Act requiring schools to remain open had not been used ‘to date’ and it would be a ‘last resort.’

She added: ‘As has happened in this situation (Presdales School), the regional teams work with the schools and the local authorities to try and reach an agreement.

‘If a direction was issued to the school and they still didn’t comply with it, then the Coronavirus Act allows the Secretary of State to apply to the High Court for an injunction which would be a court order requiring them to comply. But that is a final stage, even after a direction.’

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