Top Catholic school takes fight for admissions policy to court – The Guardian

Posted March 25th, 2015 in Christianity, education, judicial review, news, school admissions by sally

‘The religious ethos of one of England’s oldest state-funded Catholic boys’ schools is at risk after an education watchdog attacked its admissions code, the high court has heard.’

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The Guardian, 24th March 2015

Source: www.guardian.co.uk

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Home Office to blacklist extremists to protect public sector – The Guardian

‘The Home Office is drawing up a blacklist of extremist individuals and organisations with whom the government and public sector should not engage, Theresa May has revealed.’

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The Guardian, 23rd March 2015

Source: www.guardian.co.uk

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What should we do with violent children? One secure home may have the answer – The Guardian

‘The young people locked up in Clayfields House have been convicted of serious crimes, from assault to murder. Under close supervision, many have turned their lives around – but now this unusual prison may be under threat.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

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The Equality Act 2010: The interplay of the employment and educational protections – No. 5 Chambers

Posted March 18th, 2015 in appeals, education, employment, equality, news, sex discrimination, tribunals by sally

‘In this case the legislative framework at play was the interplay between the education and employment protections in the Equality Act 2010 (‘the Act’). S56(5) was the particular provision under the microscope, which provides that training or guidance covered by s91(within the education provisions of the Act) falls outside the employment services protection afforded by s55; it provides that s56 ‘does not apply in relation to training or guidance for students of an institution to which s91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access’.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

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School exclusion revised guidance withdrawn after legal action threat – The Guardian

Posted February 3rd, 2015 in complaints, education, news, school exclusions by tracey

‘The government has been forced into an embarrassing climbdown on school exclusions just weeks after introducing new guidelines to headteachers aimed at toughening up discipline in schools.’

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The Guardian, 3rd February 2015

Source: www.guardian.co.uk

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Schools watchdog chief denies Ofsted has anti-Christian agenda – The Guardian

Posted January 29th, 2015 in Christianity, complaints, education, news, select committees by sally

‘The chief inspector of schools has been forced to deny that Ofsted had a political agenda against Christian schools after he came under fire from MPs following damning reports by inspectors for two free schools.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

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Parents face court over term-time break after schools split on permission – The Guardian

Posted January 23rd, 2015 in education, families, fines, holidays, local government, news, school children by sally

‘A Rotherham couple have fallen foul of a government crackdown on term-time holidays after they applied for permission to take their two children on a family trip and were told that their daughter’s school had approved the request but their son’s had turned it down.’

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The Guardian, 22nd January 2015

Source: www.guardian.co.uk

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New exclusions guidance – Education Law Blog

Posted January 20th, 2015 in education, news, regulations, school exclusions by sally

‘The Government has published new statutory guidance: Exclusion from maintained schools, academies and pupil referral units in England. It applies to exclusions that occur after 5 January 2015, replacing the previous 2012 guidance.’

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Education Law Blog, 18th January 2015

Source: www.education11kbw.com

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Pupils’ lawyers challenge lower threshold for school exclusions – The Guardian

‘Many more children could be expelled from school under new guidance which comes into force this week, according to lawyers who represent pupils at appeal panels.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

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High Court judge quashes decision by council to shut village school – Local Government Lawyer

Posted January 5th, 2015 in consultations, education, judicial review, local government, news, Wales by sally

‘A High Court judge has quashed a Welsh council’s decision to close a village school and merge it with a nearby primary school.’

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Local Government Lawyer, 5th January 2015

Source: www.localgovernmentlawyer.co.uk

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Asset finance in the education sector: the ultra vires predicament – Henderson Chambers

Posted December 18th, 2014 in contracts, education, news, ultra vires by sally

‘The ability of many state schools to enter into lease agreements (often for office equipment such as photocopiers) is limited by statute. Where a school exceeds its statutory power, the agreement will be void and unenforceable by the creditor. This article examines the issue of ultra vires, the consequences and potential remedies for both creditors and schools.’

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Henderson Chambers, 18th December 2014

Source: www.hendersonchambers.co.uk

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Regina (Gordon-Jones) v Secretary of State for Justice and another – WLR Daily

Posted December 18th, 2014 in education, human rights, law reports, prisons, rehabilitation by sally

Regina (Gordon-Jones) v Secretary of State for Justice and another [2014] EWHC 3997 (Admin); [2014] WLR (D) 528

‘Prison Service Instruction (“PSI”) 30/2013 was unlawful in so far as it included books as earnable within the Incentives and Earned Privileges Scheme and excluded them from items that could be sent to or received by prisoners.’

WLR Daily, 5th December 2014

Source: www.iclr.co.uk

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Learning difficulties assessments – High Ct judgment – Education Law Blog

‘The introduction of EHC plans for some 16-25 year olds was one of the most important changes to SEN in the Children and Families Act 2014. Under the previous regime, a special educational needs statement could not provide for a young person to attend further education or higher education. Even if the child remained in a school setting post-16, the statement would lapse (if the local authority had not already ceased to maintain it) when the young person turned 19, although the local authority could choose to maintain it until the end of that academic year. Young people with learning difficulties and/or disabilities who were moving into further education, training or higher education received instead a learning difficulties assessment. This assessment would result in a written report of their educational and training needs and the provision required to meet them (“the LDA”). Any challenge to an LDA was by way of judicial review (as, in contrast to the position for challenges to the contents of SEN statements, there was no statutory right of appeal to the tribunal). That is all changing, with the introduction of EHC plans, which can continue until the young person reaches the age of 25, which can include further education provision (but still not higher education) and which can be appealed to the tribunal. Whilst EHC plans were introduced on 1 September 2014, there is a fairly lengthy transition period and so LDAs will be with us for a little longer yet.’

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Education Law Blog, 16th December 2014

Source: www.education11kbw.com

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Nakhla v General Medical Council – WLR Daily

Posted December 2nd, 2014 in appeals, doctors, education, law reports by sally

Nakhla v General Medical Council [2014] EWCA Civ 1522; [2014] WLR (D) 510

‘In considering whether a foreign-trained surgeon had satisfied the relevant requirements, as to training and experience, for registration as a specialist, where such registration was a necessary precondition for permanent appointment as an NHS consultant, careful attention was to be given to the qualifications and experience relied upon, in particular with regard to article 8(2) of the Postgraduate Medical Education and Training Order of Council 2010.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

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Requiring candidates to have a PhD may be discriminatory – Technology Law Update

Posted December 2nd, 2014 in age discrimination, appeals, education, employment tribunals, news by sally

‘The Employment Appeal Tribunal has recently addressed an issue that is of particular interest to technology companies: could making a PhD an absolute requirement when recruiting be indirectly discriminatory against older applicants? Unfortunately the EAT did not come up with a definitive answer, but in the best academic tradition, it has reformulated the question.’

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Technology Law Update, 2nd December 2014

Source: www.technology-law-blog.co.uk

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Inquiry into paedophile William Vahey finds serious failures at school – The Guardian

Posted November 27th, 2014 in complaints, education, inquiries, news, reports, sexual offences, teachers by sally

‘The headmaster of an elite London school where the US paedophile William Vahey abused more than 60 boys dismissed a complaint about his worrying conduct on a field trip as “unfair pressure” by “vindictive parents”, an independent report in to his criminality has revealed.’

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The Guardian, 26th November 2014

Source: www.guardian.co.uk

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IPO explains how government will resolve complaints about rights holder technical restrictions on lawful copying – OUT-LAW.com

Posted November 6th, 2014 in complaints, copyright, education, intellectual property, news, universities by sally

‘Universities, research bodies and other organisations that want to benefit from “an eligible copyright exception” but are prevented from doing so because the works they wish to copy are subject to technological protection measures (TPMs) can now raise a complaint with the UK government.’

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OUT-LAW.com, 5th November 2014

Source: www.out-law.com

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Judge attacks Chris Grayling for failing to provide prisoners with healthy sex courses – Daily Telegraph

‘High Court judge says the Justice Secretary is failing in his duty to provide the course high-risk prisoners need to take before they are considered for release.’

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Daily Telegraph, 3rd November 2014

Source: www.telegraph.co.uk

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Independent review of Ofsted ‘urgently required’ – BBC News

Posted October 31st, 2014 in education, local government, news, quality assurance, teachers by sally

‘Ofsted is in urgent need of independent review in light of concerns about its objectivity and reliability, local government leaders have said.’

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BBC News, 31st October 2014

Source: www.bbc.co.uk

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Competition law and public services: insights from the OFT report into higher education – Competition Bulletin from Blackstone Chambers

Posted October 28th, 2014 in competition, education, news, reports, universities by sally

‘Recent public sector reforms have relied on choice and competition to increase the quality and quantity of service provision, whilst also controlling cost, through a programme known as Open Public Services. The use of choice and competition gives rise to public service markets, and ensuring that these markets function effectively is one of the Competition and Markets Authority’s declared objectives. Higher education constitutes one of the larger public service markets, and to understand how the market for undergraduate education in England functions, in October 2013, the OFT launched a Call For Information. Amongst other things, the OFT wished to consider whether it was plausible for universities to have arrived at a uniform fee for all their undergraduate courses without colluding, and whether the way prospective undergraduates apply for university places could harm competition between institutions, to the detriment of students. The OFT’s higher education report, published in March 2014, provides useful insights into the role of competition law in public service markets and of the challenges of apply competition law in public service markets.’

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Competition Bulletin from Blackstone Chambers, 27th October 2014

Source: www.competitionbulletin.com

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