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Post-19 education and SEND

LexisPSL Local Government, with Hannah Lynch of St Pauls Chambers, considers the key issues around post-19 education for young people with special educational needs and disabilities.

News headlines

Jul 05, 2018

Council told to reconsider school admission appeal after LGO investigation

The Local Government & Social Care Ombudsman has called on Nottingham City Council to offer a fresh schools admission hearing to a young boy who needed to move school because of ‘honour’ based violence.
Jul 05, 2018

Appeal heard on claim exclusion regulations discriminate against autistic children

The Upper Tribunal has this week (3-4 July) heard a legal challenge over regulations that campaigners argue discriminate against pupils with autism.
Jun 25, 2018

Parents raise funds for legal challenge over academisation and Ofsted report

A group of parents are aiming to crowd fund a legal challenge to the proposed academisation of a secondary school in Greenwich, after it was judged by Ofsted to be “inadequate with serious weaknesses”.
Jun 11, 2018

City council faces judicial review over £5m SEND funding reduction

Bristol City Council has become the latest local authority to face a judicial review challenge over a decision to cut funding for special educational needs and disabilities.

Features and analysis

Teachers and disclosure of relationships

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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.

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.

Academies and DfE statutory guidance

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Are academies legally obliged to comply with Department of Education statutory guidance? If so, what is the source of that obligation? LexisPSL Local Government reports.

Separate but (not?) equal

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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.

Older articles

May 09, 2018

Campaigners in legal action over planning permission for secondary free school

A group opposed to a planned secondary free school in Harpenden has said it will take Hertfordshire County Council to judicial review over its decision to grant planning consent.
May 04, 2018

Decision to register playing fields as village green unlawful: judge

A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.
May 02, 2018

Welsh council wins appeal over whether SEN allowance was payable to teachers

A Welsh council has won an appeal over whether former teachers were entitled to be paid SEN (Special Educational Needs) allowance under their contracts.
May 02, 2018

Ombudsman warns councils on timescales for Education, Health and Care plans

The Local Government and Social Care Ombudsman has criticised Cornwall Council for the way it carried out the transfer of a boy’s Statement of Special Educational Needs (Statement) to an Education, Health and Care (EHC) plan.
May 02, 2018

Council lawyers to seek return of £230k paid to academy chain

Northumberland County Council is seeking to recover money paid to the Bright Tribe academy chain after it pulled out of running a school in Hexham.
Apr 26, 2018

Asylum-seeking A-level student wins first round in battle over right to study

A teenager barred from studying by the Home Office because of her immigration status has won the first round of a legal challenge.
Apr 26, 2018

Browne Jacobson advises city council on funding for £58m skills hub

Browne Jacobson has advised Nottingham City Council on a £18m loan facility to fund the construction of a flagship £58m skills hub for Nottingham College.
Apr 24, 2018

School transport providers fined after council carries out licensing checks

A private hire operator and a driver have been fined after licensing officers at Reading Borough Council carried out checks on vehicles and drivers fulfilling school transport contracts.
Apr 11, 2018

Campaigners claim DfE to end collection of children’s nationality data

Campaign group Against Borders for Children (ABC) has claimed that the Department for Education (DfE) is to end the collection of children’s nationality and country of birth data in schools.
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 29, 2018

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.
Mar 27, 2018

Failure to weigh benefits of new school sees decision by inspector quashed

A planning inspector gave insufficient weight to the benefits a school to be provided by a developer would bring to a locality, the High Court has said.
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 16, 2018

Reverter of school site

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.
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.
Mar 13, 2018

Tribunal rejects appeal for disclosure of details of council review of education law firm

The First-tier Tribunal (FTT) has dismissed an appeal calling for the disclosure of information on a council’s review of its working arrangements with Baker Small and the authority’s use of the education law firm.
Mar 08, 2018

Ombudsman upholds 80% of complaints about Education and Health Care Plans

The Local Government and Social Care Ombudsman is upholding about 80% of complaints it investigates about Education and Health Care Plans (EHCPs), it has been revealed.
Mar 08, 2018

Supreme Court to rule next week on disclosure obligations of head teachers

The Supreme Court will next week (14 March) rule on the scope of a head teacher’s contractual obligation of disclosure and her right to a private life.
Mar 06, 2018

Parents criticised for approach to Equality Act in case over education of daughter

A judge has criticised two parents for their use of the Equality Act 2010 in a series of legal cases brought over their daughter’s education.

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