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Masthead Education - Litigation

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Teachers and disclosure of relationships

The Supreme Court recently upheld the fairness of the dismissal of a head teacher, for non-disclosure of a relationship with a convicted sex offender. Phil Allen looks at the lessons from the judgment.

News headlines

Apr 05, 2018

Parents and carers eye judicial review of changes to SEN funding by Hackney

A group of parents and carers of children with special educational needs and disabilities in Hackney are crowd funding a potential legal challenge to the London borough’s plans to make changes to SEND funding.
Mar 19, 2018

Bullying by judges should not be tolerated, says Chair of the Bar

Bullying of barristers and other lawyers by judges has no place in the courts, the Chair of the Bar, Andrew Walker QC, has said, after press reports highlighted the issue.
Mar 16, 2018

County faces legal action over £20m cut to services for disabled children

A group of families has threatened Surrey County Council with a judicial review challenge over its decision to cut its schools and special educational needs and disabilities (SEND) budgets by £20m.
Mar 15, 2018

Head teacher fails in Supreme Court challenge to dismissal over failure to disclose

The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.
Mar 14, 2018

Court rejects claim against council brought by heirs of donor of school land

Oxfordshire County Council does not owe money to the heirs of someone who donated land more than 100 years ago to provide a school, a High Court judge has ruled.

Features and analysis

Reverter of school site

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The heirs to a landowner who donated a site for a school more than 100 years ago recently claimed a substantial proportion of the proceeds of sale held by a council. James Goudie QC explains the outcome.

Fundamental dishonesty in PI claims

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The High Court has provided the first authoritative guidance on the meaning of ‘fundamental dishonesty’ in the context of personal injury claims. Roger Jones and Martin Stockdale explain the ruling.

Compliance with the cost budgeting process

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The High Court has sent a firm message to litigants who seek to take advantage of the courts' hard-line stance on the cost budgeting process, writes Laura Murray.

The Pre-Action Protocol for Debt Claims

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John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.

Older articles

Feb 21, 2018

Litigants in person must get familiar with rules, practice directions: Supreme Court

Unless civil procedure rules and practice directions are “particularly inaccessible or obscure”, it is reasonable to expect a litigant in person to familiarise himself with those which apply to any step he is about to take, the Supreme Court has…
Feb 16, 2018

DfE faces legal action over collection of data of children in ‘alternative provision’

The Department for Education is facing a legal challenge over its decision to instruct local authorities to provide data on children who have been moved out of the mainstream school system.
Feb 07, 2018

Campaigners to crowd fund legal action over conversion of school to academy

Campaigners against the conversion of a Newham primary school to academy status have launched a crowdfunding page to try to raise the money needed to take the dispute to judicial review.
Feb 06, 2018

Legal Aid Agency cancels procurement of education and discrimination services

The Legal Aid Agency has cancelled its procurement process for CLA (Civil Legal Advice) education and discrimination services from 1 September 2018.
Feb 02, 2018

Fundamental dishonesty in PI claims

The High Court has provided the first authoritative guidance on the meaning of ‘fundamental dishonesty’ in the context of personal injury claims. Roger Jones and Martin Stockdale explain the ruling.
Jan 24, 2018

Council defends decision that education, health and care plan not necessary

The Upper Tribunal has dismissed an appeal that claimed Birmingham City Council had been wrong on three grounds when it decided an education, health and care (EHC) plan was not necessary for a 10-year-old child.
Jan 17, 2018

Council to be prosecuted following death of school pupil

The Health and Safety Executive is to prosecute Bridgend County Borough Council following the death of Ashley Talbot, a pupil at Maesteg Comprehensive School, on 10 December 2014.
Jan 04, 2018

Compliance with the cost budgeting process

The High Court has sent a firm message to litigants who seek to take advantage of the courts' hard-line stance on the cost budgeting process, writes Laura Murray.
Dec 13, 2017

Upper Tribunal judge refuses to set aside flawed SEN school ruling

The First Tier Tribunal made a legal error in a case concerning which school a child with special needs should attend, but not one so serious that it required its decision to be set aside, an Upper Tribunal judge has ruled.
Nov 21, 2017

Campaigners to challenge DfE policy on collecting birth and nationality info

Campaigners are looking to crowd fund a legal challenge over the Department of Education’s (DfE) policy of collecting country of birth and nationality information on eight million children in England.
Nov 17, 2017

The Pre-Action Protocol for Debt Claims

John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.
Nov 14, 2017

Campaigners to crowd fund legal challenge over primary school closure

A campaign group is seeking to crowdfund £4,500 to challenge Norfolk County Council’s decision to close a Great Yarmouth primary school.
Nov 10, 2017

Finding fundamental dishonesty

Does dishonesty or fraud have to be pleaded for the court to make a finding of fundamental dishonesty? Chris Booth reports on a Court of Appeal ruling.
Oct 31, 2017

Court rejects challenge to dismissal of student over comments on homosexuality

The University of Sheffield was right to dismiss a student from a professional social work course after he posted hostile comments about homosexuality on a website, the High Court has found.
Oct 27, 2017

Separate but (not?) equal

Ofsted recently won a high-profile Court of Appeal case over a Birmingham school’s practice of segregating boys and girls over the age of nine, despite it being nominally a mixed school. Richard O'Dair analyses the ruling.
Oct 20, 2017

Challenging Ofsted

In a surprising twist to the long running saga‎ of Durand Academy the High Court ruled that a damning Ofsted report, following an inspection late last year, should be quashed. Andrea Squires reports.
Oct 17, 2017

Council withdraws decision to refuse humanist place on religious education body

A humanist has won the first round of a case against Vale of Glamorgan Council’s refusal to seat her on its standing advisory council on religious education (Sacre).
Oct 17, 2017

Ofsted wins Court of Appeal case over segregation at Birmingham school

Ofsted has won a Court of Appeal case over a Birmingham school’s practice of segregating boys and girls over the age of nine, despite it being nominally a mixed school.
Oct 06, 2017

QOCS and multiple defendants

A defendant against whom the claimant discontinued was not able to seek to enforce and ‘set-off’ its costs against the damages/interest paid to the claimant by the ‘unsuccessful’ defendants. Caroline Cousins reports.
Sep 22, 2017

HMCTS delays launch of flexible operating hours pilots to February 2018

HM Courts & Tribunals Service (HMCTS) has put back the launch of the Flexible Operating Hours pilots until February next year.

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