Court of Appeal unhappy with Home Office position and submissions in student case – Free Movement

Posted May 16th, 2016 in appeals, education, immigration, news, passports by sally

‘Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the Home Office in the course of their judgments in the remarkable case of R (On the Application Of Ufot) v Secretary of State for the Home Department [2016] EWCA Civ 298.’

Full story

Free Movement, 16th May

Source: www.freemovement.org.uk

Ofsted finds 100 suspected illegal schools in England – The Guardian

Posted May 16th, 2016 in education, health & safety, news, school children by sally

‘Many more children are hidden from authorities in unregistered schools across England than previously thought, Ofsted’s chief inspector, Sir Michael Wilshaw, has warned.

Full story

The Guardian, 16th May 2016

Source: www.guardian.co.uk

Oxford University law students being issued with ‘trigger warnings’ before lectures – The Independent

‘Undergraduate law students at Oxford university are being issued with “trigger warnings” before lectures containing material deemed too “distressing” – a move which has drawn criticism from academics.’

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The Independent, 10th May 2016

Source: www.independent.co.uk

Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’

Full story

Free Movement, 25th April 2016

Source: www.freemovement.org.uk

Curtailment of 30,000 student visas each year sparks row – BBC News

Posted April 25th, 2016 in education, immigration, licensing, news, statistics, universities, visas by sally

‘More than 30,000 non-EU students a year have had their visas curtailed by the Home Office in the past three years, figures obtained by BBC News show.’

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BBC News, 23rd April 2016

Source: www.bbc.co.uk

Guidance on coasting schools – Education Law Blog

‘In all of the excitement about the proposals in the White Paper for all schools to become academies, there has been little discussion about the Guidance for local authorities and RSCs on Schools causing concern – Intervening in failing, underperforming and coasting schools. Alongside this guidance, the Government has published its response to the consultation exercise, which includes a useful summary of the amendments that the Government made to the Bill during its Parliamentary passage.’

Full story

Education Law Blog, 7th April 2016

Source: www.education11kbw.com

Teaching human rights in schools: ‘Who am I to say that democracy is the right way? – OUP Blog

Posted April 4th, 2016 in bias, education, human rights, media, news, school children, teachers by sally

‘“What could very easily happen with teaching about human rights is indoctrination…so let’s say someone says that racism isn’t wrong. Okay, so what would happen is that ‘racism is wrong. You have to learn it’. That’s the way it would be taught… Actually, I think a debate around that is needed, because I don’t think you can say that intrinsically racism is wrong. You can say that as a society, we’ve formed a set of values that have concluded that racism is wrong.”

When a primary school teacher says something like this to you as a researcher, it makes you sit up and take notice. Whilst it would be comforting to think that this is simply the isolated perspective of one wayward teacher, my research into teachers’ perceptions of educating primary school children about human rights was punctuated by similarly troubling viewpoints. One teacher found it difficult to talk about the atrocities that happened at the Bergen-Belsen concentration camp without telling the children in her classroom that “this is the most heinous crime ever imagined”, following this up with “and you can’t do that, so it’s very difficult.” Another was loathe to teach that democracy was “the right way,” because she didn’t want to influence, but rather to simply “open children’s eyes.” Her final comment on this issue being “who am I to say that democracy is the right way?”’

Full story

OUP Blog, 4th April 2016

Source: http://blog.oup.com

Theresa May ‘wrongly deported 48,000 students’ after BBC Panorama exposes TOEIC scam – The Independent

‘Home Secretary Theresa May allegedly wrongly deported up to 50,000 international students after an English test cheating scam at one school was used to incriminate all who had sat the test.’

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The Independent, 29th March 2016

Source: www.independent.co.uk

Educational Excellence Everywhere? – Education Law Blog

‘The dust has started to settle on the Government’s education white paper: educational excellence everywhere. After a relatively slow start, the number of newspaper articles and interest on social media has picked up.’

Full story

Education Law Blog, 26th March 2016

Source: www.education11kbw.com

What next for “stepped” periodical payments orders? – Tanfield Chambers

Posted March 22nd, 2016 in appeals, divorce, education, financial provision, news, periodical payments by sally

‘The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of Aburn v Aburn [2016] EWCA Civ 72. So, what are the implications for automatic variations in periodical payments? Practitioners and Judges alike will be familiar with the concept of stepped periodical payments. However, the commonplace order will be for periodical payments to be stepped downwards based upon either particular trigger events (such as children reaching their majority, a payment of a lump sum order) or after a specific period of time during which it is judged that the recipient of the periodical payments can, or ought to, have taken steps to increase their earning capacity. Given the commonplace nature of these orders, it is perhaps understandable that a deputy district judge (DDJ) presiding over the final hearing of the financial remedies application of Mrs Aburn (and then a Circuit Judge hearing the appeal thereafter) thought perhaps an order “stepping up” periodical payments upon a particular trigger event was a clever solution, thereby falling into what we now know was an error of law and an impermissible exercise of his judicial discretion. ‘

Full story

Tanfield Chambers, 1st March 2016

Source: www.tanfieldchambers.co.uk

New Acts – legislation.gov.uk

Psychoactive Substances Act 2016

Cities and Local Government Devolution Act 2016

Welfare Reform and Work Act 2016

Education and Adoption Act 2016

Childcare Act 2016

Charities (Protection and Social Investment) Act 2016

Supply and Appropriation (Anticipation and Adjustments) Act 2016

Source: www.legislation.gov.uk

Government seeks High Court ban on sixth-form strike plan – BBC News

Posted March 14th, 2016 in budgets, education, industrial action, news, statistics, teachers, trade unions by sally

‘Strike plans by sixth-form college teachers are “unlawful”, the government will argue in the High Court later.’

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BBC News, 14th March 2016

Source: www.bbc.co.uk

School closure consultation – Education Law Blog

Posted March 8th, 2016 in consultations, education, news, Wales by sally

‘The School Standards and Organisation (Wales) Act 2013 sets out the process for establishing, altering and discontinuing schools in Wales. R (Edwards) v Flintshire County Council [2016] EWHC 459 (Admin) was an unsuccessful judicial review challenge of a decision by the Defendant LEA to issue statutory notices under Section 48 of that Act to close a High School. The ground of challenge was that the Council failed, in its consultation process, to comply with its obligation under Section 38(4) of the Act to act in accordance with the Welsh Ministers’ Code of School Organisation. The Act requires the Welsh Ministers to issue a code on school organisation. It may contain requirements and/or guidelines. By Section 38(4), those who exercise functions in relation to school organisation in Wales, including local education authorities, must, when exercising those functions, act in accordance with any relevant requirements contained in the Code, and have regard to any relevant guidelines contained in it. Section 48 requires a proposer for change to publish the proposals, consult and publish a report on the consultation, all in accordance with the published code. In April 2013, the Welsh Ministers published a Code on School Organisation. It came into force on 1 October 2013.’

Full story

Education Law Blog, 8th March 2016

Source: www.education11kbw.com

Crackdown on student loan repayment avoiders – BBC News

Posted February 12th, 2016 in education, loans, news, prosecutions by sally

‘Graduates in England and Wales who fail to repay their student loan in time could be prosecuted, ministers warn.’

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BBC News, 11th February 2016

Source: www.bbc.co.uk

Youth jails should be replaced by secure schools, finds review – The Guardian

Posted February 9th, 2016 in detention, education, news, reports, secure training centres, young offenders by sally

‘The notorious Medway youth jail and other privately run secure training centres and state-run young offender institutions should be replaced by a new network of small “secure schools”, according to the findings of an official review set up by the justice secretary, Michael Gove.’

Full story

The Guardian, 9th February 2016

Source: www.guardian.co.uk

Parent who won term-time holiday court case fined again – Daily Telegraph

Posted February 4th, 2016 in education, fines, holidays, local government, news by tracey

‘ A man who successfully fought a prosecution for taking his kids out of school for a family holiday has been fined a second time by the same council. Jonathan Platt made headlines in October last year when he avoided prosecution for taking his six-year-old daughter to Disney World in term time, arguing that her unauthorised absence did not mean she failed to attend school on a regular basis.’

Full story

Daily Telegraph, 3rd February 2016

Source: www.telegraph.co.uk

Wearing the veil in schools: the debate continues – UK Human Rights Blog

Posted January 28th, 2016 in education, freedom of expression, human rights, Islam, news by sally

‘Last week the Prime Minister entered into the debate on the wearing of veils by Muslim women in schools. This week, it is the turn of the Chief Inspector of Schools, Sir Michael Wilshire.’

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UK Human Rights Blog, 27th January 2016

Source: www.ukhumanrightsblog.com

Wearing the veil in schools: the debate continues – Education Law Blog

Posted January 27th, 2016 in education, human rights, Islam, news, school children, school exclusions, teachers by sally

‘Last week the Prime Minister entered into the debate on the wearing of veils by Muslim women in schools. This week, it is the turn of the Chief Inspector of Schools, Sir Michael Wilshire. The Chief Inspector has said that:

“The Prime Minister and Secretary of State are right to give their backing to schools and other institutions which insist on removing face coverings when it makes sense to do so.’

Full story

Education Law Blog, 27th January 2016

Source: www.education11kbw.com

Can schools ban the veil? – BBC News

Posted January 27th, 2016 in education, human rights, Islam, news, school children, school exclusions, teachers by sally

‘No-one knows how many adult women in the UK wear the full face covering known as the niqab.’

Full story

BBC News, 26th January 2016

Source: www.bbc.co.uk

Prisoners study alongside Durham University undergraduates in unique criminology course – The Independent

Posted January 25th, 2016 in education, news, prisons, rehabilitation, universities by sally

‘When it comes to learning, nothing can compare to real-life experience – as a group of prisoners has proved in a ground-breaking new university course. Inmates at high-security Frankland Prison in County Durham have been studying alongside undergraduates from Durham University in a unique criminology programme. And it is the prisoners who are coming top of the class.’

Full story

The Independent, 25th January 2016

Source: www.independent.co.uk