Academy school fails in High Court challenge over Ofsted rating – Local Government Lawyer

Posted July 24th, 2024 in education, government departments, news, reports, standards, statutory duty by sally

‘The High Court has rejected a legal challenge brought by a school over an inspection report issued by Ofsted following two separate inspections.’

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Local Government Lawyer, 23rd July 2024

Source: www.localgovernmentlawyer.co.uk

Schools were both entitled to full refund of ski trip deposits under Package Travel and Linked Travel Arrangements Regulations, judge rules – Local Government Lawyer

Posted July 5th, 2024 in coronavirus, deposits, education, holidays, local government, news by michael

‘A Circuit Judge has ruled that an international school trip was covered by the Package Travel and Linked Travel Arrangements Regulations 2018, which entitled two schools to terminate their contracts with a travel provider during the Covid Pandemic.’

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Local Government Lawyer, 4th July 2024

Source: www.localgovernmentlawyer.co.uk

Risks of AI-enabled academic misconduct flagged in new study – OUT-LAW.com

‘Research has highlighted the significant risks AI use can place on the integrity of exams and assessment in universities and other higher education institutions, an expert has said.’

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OUT-LAW.com, 1st July 2024

Source: www.pinsentmasons.com

The test for ceasing to maintain an EHCP – Local Government Lawyer

‘Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Drawing on forced marriage – The Law Teacher

Posted June 27th, 2024 in education, forced marriages, news, young persons by sally

‘Forced marriage is illegal in the United Kingdom and civil legal remedies have been created to protect victim-survivors. However, legal responses have to go hand in hand with education to prevent and end this harmful practice. Comics are a creative educational tool that is accessible, engaging and inclusive, reaching diverse audiences. Comics tell nuanced and sensitive stories about complex experiences, challenging readers to identify, understand and confront injustice, and to act for a better world. Therefore, comics are an effective way to teach teenagers about forced marriage and to support their development as allies to those at risk or already experiencing it.’

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The Law Teacher, 21 June 2024

Source: www.tandfonline.com

Campaigners issue judicial review challenge over closure of two “vital” children’s centres in Hackney – Local Government Lawyer

Posted June 11th, 2024 in children, consultations, education, judicial review, local government, news by tracey

‘A group of parents have issued a judicial review challenge to the proposed closure of two children’s centres in Hackney, arguing that the council’s consultation process was “unfair and unlawful”.’

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Local Government Lawyer, 10th June 2024

Source: www.localgovernmentlawyer.co.uk

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

R v Michaela Community Schools Trust: Human Rights and Freedom of Religion in the UK – Oxford Human Rights Hub

‘The relationship between Islam, religious freedom, and human rights has long been a subject of debate in Britain. However, the significance of the latest instalment in this saga, the judgment of R v Michaela Community Schools Trust, lies not in Islam’s relationship with secularism or human rights but instead in illustrating the incoherence of British ideas on freedom of religion.’

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Oxford Human Rights Hub, 16th May 2024

Source: ohrh.law.ox.ac.uk

Homelessness and human rights – Law Society’s Gazette

‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’

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Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

Banning prayer in school: a lawful interference?- UK Human Rights Blog

‘The case of R (TTT) v Michaela Community Schools Trust [2024] EWHC 843 (Admin) in the High Court before Mr Justice Linden concerned a claim brought by a pupil referred to as a TTT (“the Claimant”) against the Michaela Community Schools Trust; (“the School”). The School is a secular secondary free school in the London Borough of Brent, which appeared as an interested party. The School is ethnically and religiously diverse, although over half of the pupils, including the Claimant are Muslims.’

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UK Human Rights Blog, 15th May 2024

Source: ukhumanrightsblog.com

Schoolgirls treated differently to boys – Ofsted – BBC News

‘Girls at a Bradford primary school told Ofsted inspectors they are treated differently to boys during an inspection last September.’

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BBC News, 7th May 2024

Source: www.bbc.co.uk

Navigating housing rights, education and religious freedom: Ghaoui – Law & Religion UK

‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’

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Law & Religion UK, 1st May 2024

Source: lawandreligionuk.com

City college loses JR over Ofsted ‘good’ rather than ‘outstanding’ rating – Local Government Lawyer

‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’

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Local Government Lawyer, 25th April 2024

Source: www.localgovernmentlawyer.co.uk

Extended appeals in SEN cases – Local Government Lawyer

‘Leon Glenister analyses a recent judicial review on “extended” appeals in special educational needs.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer

‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’

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Local Government Lawyer, 26th March 2024

Source: www.localgovernmentlawyer.co.uk

Teaching stare decisis to first-year law students in higher education: a pedagogical blind alley? – The Law Teacher

Posted March 20th, 2024 in education, legal education, news, precedent, universities by sally

‘The doctrine of stare decisis is often explained in first-year law studies as synonymous with the doctrine of precedent and dichotomised into ratio decidendi and obiter dicta. This explanation of stare decisis is frequently supplemented by an exercise where the novice law student is provided with a case and directed to identify the ratio decidendi of the case, and to appreciate the distinction between ratio and obiter dicta in it, the latter being persuasive only. It is argued that this pedagogy is limited and unrealistic because stare decisis is a dynamic process whereby, applying the precepts of formal legal logic, legal principle evolves. This paper propounds that the fundamental precepts of formal legal logic should be harnessed as a dedicated pedagogy to teach students how principle evolves. The extant legal studies curriculum can readily be modified to accommodate these suggestions. Consistent with the proposition that stare decisis is ultimately a process, whether a statement in a case has the character of ratio decidendi or obiter dictum is itself determined as the outcome of that process.’

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The Law Teacher, 1st March 2024

Source: www.tandfonline.com

Courting controversy: the use of trigger warnings in teaching human rights law – The Law Teacher

Posted March 15th, 2024 in education, human rights, legal education, mental health, news, universities by sally

‘This article explores how legal academics approach sensitive topics in human rights law, specifically how content is chosen, curated and discussed with students. It draws on data collected as part of a small pilot study which looked at how human rights academics approach “controversial” topics and how their views on controversy and sensitivity may be reflected in their curriculum. It focuses on the wider debate around trigger warnings in higher education and explores how academics use them. It concludes that, despite their negative reputation, “trigger warnings” can play a necessary and welcome role in navigating sensitive material.’

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The Law Teacher, 1st March 2024

Source: www.tandfonline.com

Judge criticises Home Office errors in Palestinian refugee’s visa case – The Guardian

‘The home secretary has given an “unreserved and unqualified apology” to a Palestinian refugee for “serious errors” made in relation to her student visa application.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

English test scandal: students renew fight to clear names after 10 years – The Guardian

‘International students accused of cheating at English-language tests are planning a fresh push to clear their names 10 years on, with thousands thought to have been victims of a gross miscarriage of justice.’

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The Guardian, 11th February 2024

Source: www.theguardian.com