Category: special educational needs

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools – Local Government Lawyer

Posted September 29th, 2021 in children, coronavirus, disability discrimination, disabled persons, equality, families, government departments, judicial review, news, school children, special educational needs by sally

‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’

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Local Government Lawyer, 28th September 2021

Source: www.localgovernmentlawyer.co.uk

First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules – Local Government Lawyer

Posted September 23rd, 2021 in appeals, disabled persons, litigants in person, news, remote hearings, special educational needs, tribunals by tracey

‘A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.’

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Local Government Lawyer, 23rd September 2021

Source: www.localgovernmentlawyer.co.uk

Stubton Hall School: Deputy head David Taylor jailed for rape – BBC News

Posted August 24th, 2021 in assault, news, rape, sentencing, sexual offences, special educational needs, teachers by sally

‘A deputy headmaster who raped and assaulted girls at a special needs school has been jailed.’

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BBC News, 23rd August 2021

Source: www.bbc.co.uk

Parent succeeds on all six grounds in judicial review challenge over grant of planning permission for site next to school for special educational needs – Local Government Lawyer

Posted July 21st, 2021 in judicial review, local government, news, planning, school children, special educational needs by sally

‘The parent of a child who attends a Special Educational Needs school has won a judicial review challenge over Thanet Council’s grant of planning permission for an adjacent site.’

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Local Government Lawyer, 19th July 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge criticises failure by council to deliver EHC plan – Local Government Lawyer

Posted May 27th, 2021 in disabled persons, local government, news, special educational needs, statutory duty by tracey

‘Nottinghamshire County Council failed to adequately deliver a disabled child’s Education, Health and Care Plan (EHCP) the High Court has ruled.’

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Local Government Lawyer, 27th May 2021

Source: www.localgovernmentlawyer.co.uk

Applications for review in Special Educational Needs Cases – Local Government Lawyer

Posted May 14th, 2021 in appeals, education, judicial review, local government, news, special educational needs, tribunals by tracey

‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’

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Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56 – 3PB

Posted November 19th, 2020 in Court of Protection, disabled persons, local government, news, special educational needs by sally

‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’

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3PB, November 2020

Source: www.3pb.co.uk

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

Sheffield City Council failed boy with special educational needs – BBC News

Posted November 5th, 2020 in compensation, complaints, local government, news, ombudsmen, special educational needs by tracey

‘A council has been told to pay a boy with special educational needs £20,000 because it failed to provide a suitable alternative education for him.’

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BBC News, 5th November 2020

Source: www.bbc.co.uk

Parents win fresh hearing in dispute over school named in EHC plan – Local Government Lawyer

Posted August 27th, 2020 in local government, news, reasons, retrials, school admissions, special educational needs, tribunals by sally

‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’

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Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

Posted August 20th, 2020 in appeals, coronavirus, disabled persons, local government, ministers' powers and duties, news, regulations, special educational needs, young persons by sally

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

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Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rejects appeal by county council over naming of school for child with special educational needs – Local Government Lawyer

Posted July 30th, 2020 in appeals, local government, news, school admissions, school children, special educational needs by sally

‘Worcestershire County Council has lost an Upper Tribunal case over which school a child with special educational needs should attend.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph

Posted May 5th, 2020 in compensation, data protection, disabled persons, human rights, news, school children, special educational needs by sally

‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’

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Daily Telegraph, 4th May 2020

Source: www.telegraph.co.uk

London council’s special needs inquiry caused by ‘systemic failures’ – BBC News

Posted January 17th, 2020 in children, inquiries, learning difficulties, local government, London, news, ombudsmen, special educational needs, standards by tracey

‘At least 5,000 children seeking special educational needs support (Send) are to have their cases reviewed after a London council landed a stinging rebuke from the local government ombudsman. Concerns about “systemic failures” in Richmond’s Send department prompted the watchdog to take the highly unusual step of ordering the full-scale audit.’

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BBC News, 17th January 2020

Source: www.bbc.co.uk

Education Newsletter – 39 Essex Chambers

Posted December 4th, 2019 in disabled persons, education, equality, news, school children, special educational needs by sally

‘The Winter edition of 39 Essex Chambers’ Education Newsletter is now available.’

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39 Essex Chambers, November 2019

Source: www.39essex.com

Marshalling evidence in special educational needs cases – Local Government Lawyer

Posted November 8th, 2019 in evidence, learning difficulties, news, special educational needs by tracey

‘John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.’

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Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Families lose challenge over special-needs funding – BBC News

Posted October 8th, 2019 in budgets, disabled persons, judicial review, news, special educational needs by tracey

‘Three families who challenged the government over its approach to special needs and disability (Send) funding have lost their case at the High Court.’

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BBC News, 7th October 2019

Source: www.bbc.co.uk

‘Unprecedented’ level of special needs complaints upheld – BBC News

Posted October 4th, 2019 in children, complaints, delay, local government, news, ombudsmen, reports, special educational needs by tracey

‘Breaches of children’s legal right to have special educational needs support have reached unprecedented levels, says an official complaints body. England’s local government ombudsman said not only had there been a spike in complaints, but nine out of 10 of them were upheld in 2018-19.’

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BBC News, 4th October 2019

Source: www.bbc.co.uk

Law firm secures five-figure payout for survivor of abuse at council-managed residential school – Local Government Lawyer

Posted September 12th, 2019 in child abuse, compensation, local government, news, school children, sexual offences, special educational needs by tracey

‘Law firm Leigh Day has said that it has won a five-figure sum in compensation for a survivor of abuse at Swaylands School.’

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Local Government Lawyer, 12th September 2019

Source: www.localgovernmentlawyer.co.uk

Mum’s legal action over autistic son’s Bristol college place – BBC News

Posted September 12th, 2019 in autism, local government, news, special educational needs, video recordings by tracey

‘The mother of a severely autistic man is taking legal action after a BBC film showing him learning to shop was used to assess him for a college placement.’

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BBC News, 12th September 2019

Source: www.bbc.co.uk