Mandatory off-site schooling

Jonathan Auburn QC examines the impact of the recent decision in CHF & ORS, R (On the Application Of) v Newick Church of England Primary School & Anor [2021] EWCA Civ 613 on the need for and provision of off-site schooling by schools and local authorities. Read more
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  NEWS

Oct 05, 2021

Browne Jacobson appoints Antoniou as new London Head of Education

Browne Jacobson has appointed Charlotte Antoniou as a partner and the new head of its London education team.
Sep 28, 2021

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

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.
Sep 24, 2021

Council to pay looked after child £10k for loss of suitable education, following Ombudsman investigation

The Royal Borough of Kingston upon Thames has agreed to pay more than £10,000 to a looked after child after an investigation by the Local Government and Social Care Ombudsman (LGSCO) found the quality of care he received impacted his education and relationship with his family.
Sep 22, 2021

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

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.
Sep 21, 2021

Supreme Court refuses permission to appeal in challenge to amended SEN transport policy

The Supreme Court has refused permission to appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.
Sep 16, 2021

Ombudsman criticises decision-making at county council over school transport

The Local Government and Social Care Ombudsman has asked Staffordshire County Council to reconsider whether it pays for transport to get a teenager who has autism to her college some 25 miles away.
Sep 15, 2021

Local authorities should seek urgent legal advice on school Covid-19 vaccinations, campaign group says

Lawyers for Liberty has warned local authorities and schools to urgently take independent legal advice on the potential legal implications of the vaccine programme for 12-15 year olds.
Sep 08, 2021

Welsh council loses appeal over unfair dismissal claims brought by PE teachers affected by school reorganisation

Gwynedd Council has lost a Court of Appeal case over the redundancy of two physical education teachers after a school reorganisation.
Sep 08, 2021

Bevan Brittan strengthens higher education team with Soundy hire

Law firm Bevan Brittan has bolstered its higher education practice with the appointment of Rachel Soundy as a new corporate partner.
Sep 07, 2021

Education Secretary and local authorities threatened with legal challenge over approach to vulnerable children and school attendance

The Good Law Project (GLP) has written to the Secretary of State for Education, Gavin Williamson, threatening legal action if he fails to issue guidance that protects vulnerable children and families as schools reopen.

  FEATURES AND ANALYSIS

September 24, 2021

The recovery of tuition fees

Imogen Proud analyses the decision of the High Court in SS Education v CCP Graduate School Ltd to deny the recovery of tuition fees under the Education (Student Support) Regulations 2011.
September 24, 2021

Mandatory off site schooling other than by statutory exclusion

A recent High Court case considered whether schools and local authorities can mandate that a child – against the wishes of the child's parents – must attend off-site education at another school. Jonathan Auburn QC analyses the ruling.
September 23, 2021

Vaccinating 12 to 15 year olds

Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.
September 23, 2021

Civil claims in schools

Katherine Langley explores some of the more common types of claim that arise in a school setting to provide insight into the principles that will be considered when civil claims are brought and steps that can be taken by schools when implementing policies and procedures.
September 09, 2021

Education authorities can resist requests for statement in appropriate circumstances

John Roberts explains how an education authority sought to resist an appeal in the Special Educational Needs Tribunal for Wales (‘Tribunal’).
August 26, 2021

Forced academisation

Can the Department for Education force schools to academise? Laura Sherratt analyses a recent High Court ruling.
July 29, 2021

Duty to provide relevant evidence in Special Educational Needs cases

A recently published Upper Tribunal decision provides guidance as to the duties of the parties to provide relevant evidence to the First-tier Tribunal (“FtT”) in special educational needs cases, writes Holly Littlewood.
July 29, 2021

A bluffer’s guide to A2P1: what does the right to education protect?

Imogen Proud considers the nature and scope of the right to education under the Human Rights Act 1998 (“HRA 98”).

  MORE NEWS

Sep 06, 2021

Local authority ordered to pay mother fleeing ex-partner £10k in compensation following data breach

Hampshire County Council should pay £10,000 in compensation after a mother who was fleeing her ex-partner had her address exposed in a data breach, Portsmouth Magistrates' Court has ruled.
Aug 26, 2021

Upper Tribunal examines operation in SEN case of "Recommendations Regulations"

A First Tier Tribunal (FTT) decision in a special educational needs case must stand even though an error in law was made, the Upper Tribunal Administrative Appeals Chamber has ruled.
Aug 25, 2021

School and council agree five-figure settlement over case where pupil was sexually assaulted by classmate: report

A school and local authority have conceded that there was a breach of duty, but have not admitted liability, in a case of alleged failure to prevent a sexual assault from taking place in school, it has been reported.
Aug 23, 2021

High Court gives green light to legal challenge over decision by county to restructure of education system

Two families have been granted permission by the High Court to challenge a decision to restructure the education system in South Somerset.
Aug 20, 2021

Council to review alternative education policy in light of Ombudsman report

Manchester children who were out of education before the first national lockdown are to have their cases reviewed following a Local Government and Social Care Ombudsman report.
Aug 20, 2021

Council terminates contract with SEND transport provider over insufficient background checks

Birmingham City Council has terminated its contract with a firm that provided transport for children with special needs after a report found less than half of the operator's staff had the correct background checks.
Aug 12, 2021

Ombudsman criticises “poor council practice” nationwide after boy misses out on alternative education for more than a year

Central Bedfordshire Council has agreed to review the way it provides alternative education for children who are unable to attend school because of medical issues, following an investigation by the Local Government and Social Care Ombudsman.
Aug 02, 2021

University fires gun on £3.8m legal services contract

Nottingham Trent University is inviting firms to tender for the provision of legal services for a legal services framework worth an estimated £3.8m over four years.
Jul 28, 2021

Ombudsman investigation sees council look again at summer-born children’s school start date requests

Leeds City Council failed to follow guidance on summer-born admissions when deciding when an August-born girl could start school, the Local Government and Social Care Ombudsman has found.
Jul 26, 2021

Maintained school wins High Court challenge over refusal by Education Secretary to revoke academy order

The governing body of a primary school in Walsall has won a High Court challenge over the Secretary of State for Education’s refusal to revoke an academy order.
Jul 22, 2021

Information on selection of academy trust to run schools should be disclosed, tribunal judge finds

Hertfordshire County Council was wrong to withhold information on how an academy trust was chosen to provide schools in Bishop's Stortford and the Information Commissioner had been wrong to agree with the council’s arguments.
Jul 20, 2021

Ombudsman criticises council after poor practice led to disabled boy missing out on education and support

A boy missed out on suitable schooling and support because his disabilities did not meet West Sussex County Council's criteria for an assessment, the Local Government and Social Care Ombudsman has reported.
Jul 19, 2021

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

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.
Jul 05, 2021

Procurement body to set up £3.4m legal services framework for FE/HE sector in Scotland

A procurement organisation for universities and colleges in Scotland has launched the procurement of a legal services framework worth an estimated £3.4m.
Jun 25, 2021

City council to review school transport policy following Ombudsman investigation

Birmingham City Council has agreed to revise its home to transport policy and review all its decisions to issue a travel pass over the past three years following several complaints to the Local Government and Social Care Ombudsman (LGSCO).
Jun 18, 2021

Higher education purchasing consortium appoints 17 firms to £30m legal services framework

The London Universities Purchasing Consortium (LUPC), on behalf of consortia across England and Wales, has appointed 17 law firms to a legal services framework worth an estimated 30m.
Jun 16, 2021

Ombudsman criticises “incredibly disappointing” conduct of council in failing London man with severe learning disability multiple times

The Local Government and Social Care Ombudsman has issued two separate reports into the way the London Borough of Redbridge "failed" the family of a 20-year-old man with special educational needs, following a number of complaints from the family dating back more than a decade.
Jun 14, 2021

Cambridge college loses judicial review challenge over Government refusal to grant European Regional Development Fund support

A Cambridge college has lost an action over whether it should have received a European Regional Development Fund (ERDF) grant towards a biomedical laboratories project, despite succeeding on one point in a judicial review.
Jun 14, 2021

University names five law firms to £2m legal services panel

The University of Lincoln has appointed five law firms to a legal services panel providing support worth an estimated £2m over five years.
Jun 04, 2021

Council removed health care support for boy with medical needs, Ombudsman investigation finds

A boy, who has visual impairments and other medical conditions, was without the support he needed for months because Isle of Wight Council did not clarify a Special Educational Needs and Disabilities tribunal's decision in time, the Local Government and Social Care Ombudsman has found.
May 26, 2021

High Court judge criticises failure by council to deliver EHC plan

Nottinghamshire County Council failed to adequately deliver a disabled child’s Education, Health and Care Plan (EHCP) the High Court has ruled.
May 20, 2021

County council agrees to review resourcing of SEN services following Ombudsman investigation

Hampshire County Council has agreed to pay a mother of a child with special educational needs (SEN) more than £3,000 in compensation and review the resources it has put into its SEN team, following an investigation by the Local Government and Social Care Ombudsman.
May 19, 2021

Inspector requires archdiocese to demolish rebuilt primary school, rejects its costs application

An inspector has ruled that the Catholic Archdiocese of Southwark must demolish a primary school that was built contrary to planning permission, and rejected its demand that Lewisham Council pay its costs.
May 13, 2021

Ombudsman criticises council after boy forced to stay in primary school extra year due to delayed EHC Plan

A Derbyshire boy had to stay in primary school for an extra year because the council did not update his Education, Health and Care (EHC) Plan on time, the Local Government and Social Care Ombudsman has found.
Apr 30, 2021

Ombudsman recommends school should offer fresh appeal to child denied sixth form place after finding “significant faults” in the process

A Bromley grammar school has been asked to hold a fresh admissions appeal for a teenager wanting to enter its sixth form, and review the way it deals with future appeals, after the Local Government and Social Care Ombudsman found a number of faults with the way it handled his case.

  MORE FEATURES

June 17, 2021

An education in selling school land

It isn’t often that the senior courts pronounce on the School Sites Acts, so a recent Supreme Court judgment is welcome, writes David Peachey.
May 13, 2021

Applications for review in Special Educational Needs Cases

What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.
April 15, 2021

Education tracker

This Local Government practice note from LexisNexis provides comprehensive and up to date legal information covering key upcoming developments of interest to Education lawyers from early years foundation stage (EFYS) to further and higher education.
April 15, 2021

After school clubs and duty of care

Nicholas Thorne analyses a judge's rejection of a claim for injury arising out of the warm-up session at an after school club.
February 05, 2021

Responsibility for pupil attacks on teachers and assistants

A council’s successful appeal in a case where a teaching assistant was attacked by a pupil is a reminder that a failure in a written risk assessment is not fatal - causation is key, writes Leah Jones.
January 22, 2021

School uniform policies and Indirect Discrimination under the Equality Act 2010

Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.
January 04, 2021

NAHT calls for school closures: the right to education during the second wave of Covid-19

Khatija Hafesji considers the Department for Education’s latest school closure and mass testing decisions and their implications for the right to education.
December 18, 2020

Education tracker

This Lexis®PSL Local Government future developments tracker is intended to be used to track key upcoming developments of interest to education lawyers covering the entire spectrum of education from early years foundation stage (EFYS) to further and higher education.
December 04, 2020

Capacity and EHC Plans

Matthew Wyard considers an important ruling for local authority education departments on how the Children and Families Act 2014 regime for over 18s and the Mental Capacity Act 2005 regime intertwine.
September 04, 2020

Cyfraith ddwy-ieithog a’r iaith Gymraeg yn y Llys Gweinyddol

Mewn penderfyniad diweddar parthed ad-drefnu ysgolion yng Nghymru ceir cymorth barnwrol, am y tro cyntaf, ar y dull gywir i ddehongli statud dwy-ieithog. Mae’r dyfarniad yn pwysleisio pwysigrwydd yr Iaith Gymraeg yn fwy eang, hefyd, ysgrifenna Owain Rhys James ac Isabelle Knight.
September 04, 2020

Bilingual devolved legislation, the Welsh language and public law

A recent High Court judgment deals with the mechanics of school reorganisation in Wales. However, the Court’s approach to interpretation of bilingual devolved legislation, and the importance of the Welsh language more generally, is of broader importance and interest to public law practitioners in Wales, write Owain Rhys James and Isabelle Knight.
August 06, 2020

The lawfulness of the registration process in disability discrimination claims

Jennifer Thelen analyses a recent Upper Tribunal school exclusion case which considered – and criticised – the process of “registering” claims for disability discrimination operated in the First-tier Tribunal.
June 26, 2020

Asking employees to re-apply for their old jobs

Can an employer ask a redundant employee to apply for their old job? Mark Stevens examines a recent Employment Appeal Tribunal (EAT) ruling involving the closure of a school.
June 19, 2020

COVID-19 changes to SEN duties

Steve Broach and Gethin Thomas look at the latest changes to SEN duties during the Covid-19 pandemic.
May 22, 2020

School Admissions Appeals - New Coronavirus Regulations

VWV Education Partner Yvonne Spencer explains the new regulations that have been enforced in relation to schools admissions appeals.
May 22, 2020

Injuncting Ofsted reports

The Court of Appeal has maintained the heightened hurdle test when it comes to seeking an injunction over an Ofsted report, says Peter Oldham QC.
May 18, 2020

Time for SEND reform

A new plan in relation to special educational needs and disability is urgently needed, writes Rosie Tabrizi.
May 12, 2020

SEN and COVID-19

Richard Freeth assess the changes made to special educational needs and disability (SEND) legislation as a result of the coronavirus pandemic.
May 12, 2020

Ultra vires contracts and maintained schools in the Commercial Court

Following a two-week trial in the Commercial Court, Foxton J has handed down a very significant judgment concerning the application of the ultra vires doctrine to contracts with public bodies, specifically the powers of education bodies to enter into finance leases. Barristers at 11KBW explain the ruling.
May 04, 2020

School admissions appeals during COVID-19

Allison Cook reviews the government's recently introduced regulations covering school admissions appeals during the coronavirus outbreak, and outlines some key considerations.