Category: education

Welsh Education Law Update – 11 KBW

Posted August 21st, 2012 in consultations, education, news, teachers, Wales by sally

“There have been many interesting developments in Welsh education law over the
last 12 months or so, and two significant changes on the horizon. This paper covers
the following subjects:-
(1) Recent school re-organisation cases
(2) Special educational needs update
(3) Article 6 and discipline of school staff
(4) School Standards and Organisation (Wales) Bill
(5) Consultation on changes to the special educational needs regime.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Academy loses legal challenge over special needs pupils – The Guardian

Posted August 21st, 2012 in education, news, special educational needs, tribunals by sally

“One of the government’s flagship academy schools has lost a legal challenge over its refusal to admit a number of children with special educational needs.”

Full story

The Guardian, 20th August 2012

Source: www.guardian.co.uk

SEN and Academies: The Upper Tribunal has its say – Education Law Blog

Posted July 17th, 2012 in education, news, special educational needs, tribunals by sally

“Academies are independent, non-fee-paying schools funded by the Secretary of State. For special educational needs (SEN) purposes, although Academies are deemed to be mainstream schools (see the Education Act 1996, s.316(4)(b)(iii)), they are not subject to the duties in relation to SEN that maintained schools (as defined in s.312(5)) are. That gap is, however, (at least partially) plugged by the terms of the Funding Agreement between the Secretary of State and the Academy Trust. Indeed, in relation to Academies created since the Academies Act 2010, s.1(7) of the 2010 Act requires the Funding Agreement to impose ‘SEN obligations’ (i.e. the obligations under Chapter 1 of Part IV of the 1996 Act) on the Academy.”

Full story

Education Law Blog, 11th July 2012

Source: www.education11kbw.com

Education Secretary Michael Gove loses High Court battle – BBC News

Posted May 18th, 2012 in budgets, children, disabled persons, education, equality, judicial review, news by sally

“Education Secretary Michael Gove has lost a High Court battle with Essex County Council over government cuts to nursery funding.”

Full story

BBC News, 17th May 2012

Source: www.bbc.co.uk

Head teachers threaten legal action over ‘flawed’ inspector ratings – Daily Telegraph

Posted May 8th, 2012 in education, judicial review, news, teachers by sally

“Head teachers are threatening legal action over school inspection judgements they consider to be ‘flawed’.”

Full story

Daily Telegraph, 5th May 2012

Source: www.telegraph.co.uk

When is a New School not a New School? Has the new School Admissions Code opened a Pandora’s Box? – Hardwicke Chambers

Posted May 1st, 2012 in education, news, school admissions by sally

“A number of local authorities are planning to take advantage of new government powers to increase pupil numbers in good schools in order to expand the number of academically selective places in grammar schools, it was revealed in the Daily Telegraph online this month.”

Full story

Hardwicke Chambers, 24th April 2012

Source: www.hardwicke.co.uk

Parents will have legal right to choose the best school for their children, says David Cameron – Daily Telegraph

Posted March 29th, 2012 in complaints, education, hospitals, news by sally

“People will have a legal ‘right to choose’ which schools and hospitals they use under new laws overhauling public services, David Cameron says today.”

Full story

Daily Telegraph, 28th March 2012

Source: www.telegraph.co.uk

Three Articles on Academies – 11 KBW

Posted March 19th, 2012 in education, local government, news by sally

Academies – Land Transfers (PDF)

The Staffing, SEN and Admissions Issues for Local Authorities of Academy Creation (PDF)

The Process for Opening a Free School (PDF)

11 KBW, 13th March 2012

Source: www.11kbw.com

Is it legal to teach gay hate in schools? – UK Human Rights Blog

Posted February 20th, 2012 in education, equality, homosexuality, news, sexual orientation discrimination by sally

“Following the news recently it would seem that the UK is convulsed by a raging battle between religious observers and, in the words of Baroness Warsi, militant secularists. On the same day, the High Court ruled that Christian prayers held before a council meeting were unlawful, and the Court of Appeal upheld the decision of the High Court that two Christian hotel owners had discriminated against gay clients by not offering them a double room.”

Full story

UK Human Rights Blog, 19th February 2012

Source: www.ukhumanrightsblog.com

Tuition fees ruling could question legality of university charges – The Guardian

Posted February 17th, 2012 in education, equality, fees, human rights, judicial review, news, universities by sally

“The high court is to rule on whether ministers acted legally in allowing universities to charge tuition fees of up to £9,000 a year from this autumn.”

Full story

The Guardian, 17th February 2012

Source: www.guardian.co.uk

Regina (New London College Ltd) v Secretary of State for the Home Department – WLR Daily

Posted February 6th, 2012 in education, human rights, law reports, sponsored immigrants by sally

Regina (New London College Ltd) v Secretary of State for the Home Department [2012] EWCA Civ 51; [2012] WLR (D) 21

“The suspension or withdrawal of a general (student) sponsor licence granted to a United Kingdom college to sponsor and enrol students from non-European Economic Area countries on point based immigration control, to study in the college, was not an infringement of the college’s Convention right to its possessions within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, so as to be protected under that article.”

WLR Daily, 2nd February 2012

Source: www.iclr.co.uk

Michael Gove faces legal action as rebel primary battles his academy plan – The Guardian

Posted January 9th, 2012 in education, judicial review, news by tracey

“Michael Gove, the education secretary, is facing legal action by the primary school whose supporters he branded as ‘ideologues’ last week for fighting his plans to turn it into an academy. Lawyers for the governing body of Downhills primary in Haringey, north London, have escalated the row by accusing Gove of illegally trying to force the school to become independent of its local authority and be taken over by a sponsor. The Tory cabinet minister has been given less than two weeks to respond to a ‘statement of claim’ against him or face a judicial review over his conduct, which parents at the school say has been unfair and politically motivated.”

Full story

The Guardian, 7th January 2012

Source: www.guardian.co.uk

The Education Act 2011 – Hardwicke Chambers

Posted December 12th, 2011 in education, news by sally

“The Education Act 2011 heralds significant changes in respect of school governance and beyond, all of which will impact directly upon parents, pupils, schools, local authorities and of course, the public law practitioner.”

Full story

Hardwicke Chambers, 7th December 2011

Source: www.hardwicke.co.uk

A – Z Update on the Coalition Government’s Education Policies and Law – Hardwicke Chambers

Posted December 12th, 2011 in education, news by sally

“David Lawson and Amelia Walker recently spoke at the Education Lawyers Association Annual Conference on ‘Education in the Big Society’. You can find Amelia’s A-Z Update on the Coalition Government’s Education Policies and Law by clicking here.”

Full story

Hardwicke Chambers, 8th December 2011

Source: www.hardwicke.co.uk

Private school charity rules scrapped after legal challenge – Daily Telegraph

Posted December 5th, 2011 in charities, education, news by sally

“Controversial guidance requiring private schools to provide free places for poor pupils is to be scrapped after a landmark court ruling.”

Full story

Daily Telegraph, 5th December 2011

Source: www.telegraph.co.uk

Independent Schools, the contract for Education and some litigation issues – 11 KBW

Posted November 23rd, 2011 in duty of care, education, news, school children by sally

“There are numerous cases about the duties of care in tort which schools, whether independent or maintained, owe to their pupils. Most of them – though not all, as we will see – concern physical injury in the playground, during sports or on school trips.”

Full story (PDF)

11 KBW, 16th November 2011

Source: www.11kbw.com

Education Act 2011 – legislation.gov.uk

Posted November 16th, 2011 in education, legislation, search & seizure, teachers by sally

Education Act 2011 published

Full text of Act

Source: www.legislation.gov.uk

Education Act 2011: teachers given powers to search pupils – Daily Telegraph

Posted November 16th, 2011 in education, legislation, news, search & seizure, teachers by sally

“Teachers are being given new powers to discipline pupils as part of sweeping Government reforms designed to restore order to the classroom.”

Full story

Daily Telegraph, 15th November 2011

Source: www.telegraph.co.uk

Teenagers begin high court challenge against tuition fee rise – The Guardian

Posted November 1st, 2011 in education, equality, fees, human rights, judicial review, news, universities by sally

“Two teenagers have begun a case in the high court against the government’s decision to let universities almost treble tuition fees next year.”

Full story

The Guardian, 1st November 2011

Source: www.guardian.co.uk

Regina (Maxwell) v Office of the Independent Adjudicator for Higher Education – WLR Daily

Posted November 1st, 2011 in appeals, disability discrimination, education, judicial review, law reports, universities by sally

Regina (Maxwell) v Office of the Independent Adjudicator for Higher Education [2011] EWCA Civ 1236; [2011] WLR (D) 307

“Although a complaint of disability discrimination was an eligible complaint to be made to the Office of the Independent Adjudicator for Higher Education (“OIA”) under the Higher Education Act 2004, the task and duty of the OIA on a complaint of disability discrimination against a higher education institution was confined to whether the conduct of the university was reasonable or not and what recommendation should be made in response to the complaint and the office was not obliged to rule whether there had been a disability discrimination.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk