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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GCSE and A-level results changed for 43,500 on appeal – BBC News

Posted October 21st, 2014 in appeals, education, examinations, news by sally

‘More than 43,000 exam grades from this summer have been changed after schools challenged the results, up by 15%.’

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BBC News, 21st October 2014

Source: www.bbc.co.uk

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European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

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The Independent, 3rd October 2014

Source: www.independent.co.uk

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Academy loses High Court passing off action brought against private college – Local Government Lawyer

Posted October 2nd, 2014 in education, intellectual property, news, trade marks by tracey

‘An academy school has lost an action for passing-off taken against a nearby private college.’

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Local Government Lawyer, 2nd October 2014

Source: www.localgovernment lawyer.co.uk

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Juvenile Offenders: A Different Approach Needed? – Part IV – No. 5 Chambers

‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the final part of this series, Richard Gibbs writes that the criminal justice system is predicated on finding the fairest way of dealing with juveniles.’

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No. 5 Chambers, 10th September 2014

Source: www.no5.com

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Prison book restriction ‘harms studying’ – BBC News

Posted September 24th, 2014 in education, libraries, Ministry of Justice, news, prison officers, prisons by sally

‘Restrictions on the number of books prisoners in England and Wales can have in their cells is inhibiting inmates’ ability to learn, a charity warns.’

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BBC News, 24th September 2014

Source: www.bbc.co.uk

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Mother prosecuted for forging document to win daughter school place – Daily Telegraph

Posted September 23rd, 2014 in education, fines, forgery, news, sentencing by sally

‘Lura Pacheco, 34, was fined £500 and sentenced to 100 hours’ community service after first prosecution for ‘education tourism’.’

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Daily Telegraph, 22nd September 2014

Source: www.telegraph.co.uk

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Students without indefinite leave to are ineligible for student loans – UK Human Rights Blog

Posted September 11th, 2014 in appeals, education, human rights, immigration, news, visas by sally

‘The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years.’

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UK Human Rights Blog, 11th September 2014

Source: www.ukhumanrightsblog.com

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Ofsted: government failing to act over long-term NEETs – Daily Telegraph

Posted September 8th, 2014 in education, employment, news, ombudsmen, school children, statistics by sally

‘Ofsted warns that reforms designed to prevent school leavers becoming NEETs – not in education, employment or training – merely end up “delaying their fall” into the category at a later stage.’

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Daily Telegraph, 7th September 2014

Source: www.telegraph.co.uk

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Juvenile Offenders: A Different Approach Needed? – Part I – No. 5 Chambers

‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the first of this four part series, Nav Virk sets out the general philosophical underpinnings of the current policy approach.’

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No. 5 Chambers, 21st August 2014

Source: www.no5.com

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Changing legal education – OUP Blog

‘Martin Partington discussed a range of careers in his podcasts yesterday. Today [20 August], he tackles how new legal issues and developments in the professional environment have in turn changed organizational structures, rules and regulations, and aspects of legal education.’

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OUP Blog, 20th August 2014

Source: www.blog.oup.com

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