Algorithms and Education: A New Frontier of Discrimination? – Oxford Human Rights Hub

‘In this brief post, I want to demonstrate how ostensibly neutral and efficient algorithms can cause discrimination in education. Last year, the national advanced level qualifications (“A-levels”) exams in the UK that lead to places in university, further study, training, or work had to be cancelled because of school closures owing to the COVID-19 pandemic. In mitigation, the Office of Qualifications and Examinations Regulation (“Ofqual”) asked teachers to supply an estimated grade for each student and a ranking that compared with every other student at the school within the same estimated grade. This data went into an algorithm that also factored the school’s performance in the subject over the previous three years. The animating purpose behind the algorithm was to avoid ‘grade inflation’ and ensuring consistency with previous year’s results. When the grades were announced, the outcome was devastating for many. In England, Wales and Northern Ireland, nearly 40% of results were lower than teachers’ assessments. The effects of “downgraded” results were disproportionately felt in comparatively poorly resourced state schools.’

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Oxford Human Rights Hub, 15th March 2021

Source: ohrh.law.ox.ac.uk

Court of Appeal says judge should have decided issue over statutory construction about timetable for producing amended EHC plans – Local Government Lawyer

‘An Administrative Court judge should have decided a point of statutory construction about the timetable for producing amended education health and care (EHC) plans instead of declining to do so since it was academic, the Court of Appeal has ruled.’

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Local Government Lawyer, 18th March 2021

Source: www.localgovernmentlawyer.co.uk

Welsh watchdog criticises lack of action since home-school scurvy death – The Guardian

Posted February 25th, 2021 in children, education, health, news, Wales by sally

‘The Welsh government is failing in its legal duty to protect the rights of home-educated children a decade after a boy who was being taught by his parents slipped under the radar of education and health officials and died of scurvy, an official report has concluded.’

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The Guardian, 25th February 2021

Source: www.theguardian.com

Government urged to ensure convicted sex offenders cannot work as tutors – BBC News

Posted February 25th, 2021 in child abuse, children, criminal records, education, news, sexual offences, vetting by sally

‘The government is being urged to close a legal loophole to stop convicted sex offenders working with children as private tutors.’

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BBC News, 25th February 2021

Source: www.bbc.co.uk

Council to pay more than £7,000 to Year 10 pupil left without a school for more than a year – Local Government Lawyer

‘Leicestershire County Council has agreed to apologise and pay a teenager £7,200 after an investigation from the Local Government and Social Care Ombudsman (LGSCO) found it left her without an academy school place for nearly 14 months.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

A cheaper route to qualifying? ULaw unveils SQE pricing – Legal Futures

Posted February 10th, 2021 in education, fees, legal education, news, solicitors, universities by sally

‘The University of Law (ULaw) has unveiled a range of courses to prepare students for Solicitors Qualifying Examination (SQE), costing from £500 to £16,500 – the latter being little different from the legal practice course (LPC).’

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Legal Futures, 10th February 2021

Source: www.legalfutures.co.uk

School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers

‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’

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Monckton Chambers, 13th January 2021

Source: www.monckton.com

Supplying the answer: when are statefunded services “supply of services for consideration” for VAT purposes? – Monckton Chambers

Posted January 22nd, 2021 in chambers articles, education, HM Revenue & Customs, news, VAT by sally

‘In this case note, Jack Williams of Monckton Chambers analyses the recent decision of the Upper Tribunal in Colchester Institute Corporation v HMRC [2020] UKUT 0368 (“Colchester”). In summary, in overturning the First Tier Tribunal’s decision, the Upper Tribunal held that state-funding did have a sufficient link to the provision of education and vocational training provided by a college to constitute supply of services for consideration and economic activity. Nevertheless, HMRC was entitled to set-off input tax to reduce the taxpayer’s repayment claim. The implications of the case are likely to be profound: many businesses – educational and otherwise – supplying services that are funded by state agencies are now likely to argue that their provision of services does, in fact, constitute the supply of services for consideration and economic activity. That being so, there would be no need to account for output tax on those services and any accounted for with HMRC may be recoverable.’

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Monckton Chambers, January 2021

Source: www.monckton.com

Oxfordshire boy groomed by gangs ‘failed’ by authorities – BBC News

Posted January 21st, 2021 in children, drug trafficking, education, gangs, news, police, reports, social services, suicide by sally

‘A boy found dead in his bedroom was groomed into a world of drug trafficking and “failed” by the authorities, a serious case review said.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

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