It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council after cancellation of transport sees teenager with autism miss start of term – Local Government Lawyer

‘A council has agreed to pay more than £2,400 in compensation after an investigation from the Local Government and Social Care Ombudsman into the termination of a child’s transport to school.’

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Local Government Lawyer, 4th December 2020

Source: www.localgovernmentlawyer.co.uk

Students may be compensated for lost teaching during UK lockdown – The Guardian

Posted November 26th, 2020 in compensation, coronavirus, education, news, regulations, universities by tracey

‘Students could be awarded financial compensation for lost teaching time during the Covid-19 lockdown after the higher education complaints watchdog told an institution to pay £1,000 to an international student.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

The Additional Learning Needs and Education Tribunal (Wales) Act 2018: An update – 3PB

Posted November 10th, 2020 in education, legislation, news, special educational needs, tribunals, Wales by sally

‘Two key events have taken place in the last week in relation to The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”): the publication of a commencement order and the publication of the Additional Learning Needs Co-ordinator (Wales) Regulations. This article considers both documents, concluding that, based on the limited information available they do not help clarify the confusion amongst practitioners as to the details of the forthcoming special needs regime in Welsh schools.’

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3PB, 4th November 2020

Source: www.3pb.co.uk

‘No one questioned it’: teacher’s tribunal victory shines light on unfettered academy powers – The Guardian

Posted November 10th, 2020 in disciplinary procedures, education, news, teachers, trade unions, unfair dismissal by sally

‘Herefordshire academy conspired to sack drama teacher for her union activities.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

Youth jail plans therapy rather than steel doors – BBC News

Posted October 6th, 2020 in education, news, prisons, recidivists, rehabilitation, reports, young offenders by tracey

‘”Once you’re caught in the grip of the system you are doomed,” says the founder of a radically different approach to jailing young offenders. Steve Chalke aims to stop a revolving door of criminality that at present sees 69% of young prisoners reoffending within a year of release.’

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BBC News, 6th Ocotber 2020

Source: www.bbc.co.uk

Communication, Education and Speech Difficulties in the Criminal Justice System – Oxford Human Rights Hub

Posted September 29th, 2020 in criminal justice, dyslexia, education, learning difficulties, news, prisons, statistics by sally

‘The level of educational achievement by incarcerated offenders in the UK is far lower than the average. In addition, 40-50% of prisoners assessed in John Rack’s research for the Dyslexia Institute (2005) were at or below levels of literacy and numeracy expected of an 11-year old. In 2007, the Prison Reform Trust reported that prison populations who showed serious deficits in literacy and numeracy reached up to 60% with a 30% dyslexia rate. This literacy problem extends to oral speech. People in the Criminal Justice System are ten times more likely to have a Speech and Communication Difficulty than members of the public. Research shows that 60% of young male offenders have a communication deficit as opposed to 3-10% of the general population (Available evidence for young female and adult offenders shows similarly high levels of speech-difficulties.) In the UK, low socio-economic status (SES), speech difficulty and school exclusions are co-morbid factors for offending. Having a speech difficulty also makes it near impossible for anyone with significant communication difficulties to navigate a legal system built upon excessive jargon without help. The criminal justice system must make structural interventions to protect the rights of persons with Speech and Communication Difficulty.’

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Oxford Human Rights Hub, 17th September 2020

Source: ohrh.law.ox.ac.uk

Grammar school discriminated against visually impaired child, tribunal finds – The Guardian

‘Grammar schools in England will have to ensure their 11-plus entrance exams are accessible to disabled pupils, after a legal ruling found a visually impaired child suffered discrimination when he was refused the opportunity to take the exam.’

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The Guardian, 9th September 2020

Source: www.theguardian.com

GCSE results: Key Q&As for Students and Schools – 3PB

Posted August 28th, 2020 in chambers articles, coronavirus, education, examinations, news, school children by sally

‘This year is a year like no other. Students have found out how they performed in exams they did not even sit. The Department for Education (“DfE”) changed its approach in a major U-turn five days after the A Level results were released.’

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3PB, 20th August 2020

Source: www.3pb.co.uk

A-level student launches legal bid against Ofqual – The Guardian

‘An A-level student has launched a legal bid against the exams regulator Ofqual to “force them to come up with a fairer system”.’

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The Guardian, 16th August 2020

Source: www.theguardian.com

A-level results: ‘Huge mess’ as exams appeal guidance withdrawn – BBC News

‘The exams regulator is reviewing its guidance on how to appeal against A-level and GCSE grades using mock exam results – hours after publishing it.’

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BBC News, 16th August 2020

Source: www.bbc.co.uk

A-level Students Consider Legal Action Over Downgrade ‘Discrimination’ – Each Other

‘The government could face legal action over the mass downgrading of A-level results in England, with affected students saying they feel discriminated against over their school’s track-record.’

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Each Other, 13th August 2020

Source: eachother.org.uk

Pontypridd: £37m school shake-up scrapped by judicial review – BBC News

Posted July 31st, 2020 in education, judicial review, news, school children, Wales by sally

‘A £37m schools reorganisation in the south Wales valleys has been quashed after a judicial review.’

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BBC News, 30th July 2020

Source: www.bbc.co.uk

Council faces judicial review over SEND cuts – Local Government Lawyer

‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Lockdown challenge — permission refused – UK Human Rights Blog

‘Mr Justice Lewis has refused permission to bring a judicial review in what is arguably the most comprehensive and wide-reaching challenge brought to date to the legality of the lockdown Regulations and the decision to stop providing education on school premises (save for the children of key workers) in R (Dolan and Ors) v Secretary of State for Health and Social Care and Secretary of State for Education [2020] EWHC 1786 (Admin).’

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UK Human Rights Blog, 7th July 2020

Source: ukhumanrightsblog.com

Council to review decision-making process and reimburse mother after boy left without suitable education for second time – Local Government Lawyer

‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

School fees in times of Covid: Tips for schools and parents – Monckton Chambers

Posted May 29th, 2020 in contracts, coronavirus, education, fees, news, school children by sally

‘The lockdown has posed inordinate challenges for education – with schools and universities adjusting to remote learning on extremely short notice. For private schools and universities, there have been tough choices between furloughing staff, deciding which lessons and courses to continue and justifying the level of fees, when many parents are in financial difficulty themselves. Boarding schools and universities have additional problems as they have a high level of sunk costs in infrastructure for overseas students that, at present, are not allowed to travel.’

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Monckton Chambers, 19th May 2020

Source: www.monckton.com

A2P1 and Access to Education during Covid-19 – Monckton Chambers

‘As the home-time bell rang on 20 March 2020, schools and other educational providers across the country closed their doors in response to the Covid-19 pandemic. The only pupils currently permitted to attend school are vulnerable children and the children of key workers. All children, however, continue to enjoy the right to education under Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR).’

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Monckton Chambers, 18th May 2020

Source: www.monckton.com

Changes to the EHCP regime during Covid-19: a quick guide for parents and representatives – Monckton Chambers

‘On 1 May 2020, the entitlements of children with SEND (and their parents) in relation to the Education, Health and Care (EHC) Plan process changed. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the “New Regulations”) came into force. They will expire on 25 September 2020 unless extended. The New Regulations amend four existing sets of Regulations including the Special Educational Needs and Disability Regulations 2014 (the “SEND Regulations”).’

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Monckton Chambers, 12th May 2020

Source: www.monckton.com

Teachers can legally refuse to return over health risk, says union – The Guardian

‘Teachers can legally refuse to return when schools reopen unless they get the same protections against coronavirus as other frontline staff, one of the UK’s leading teaching unions has warned.’

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The Guardian, 14th May 2020

Source: www.theguardian.com