SLLP July 21 Composite 600 edit

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. Read more
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  NEWS

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.

  FEATURES AND ANALYSIS

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.

  MORE NEWS

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.
Apr 23, 2021

Council wins Supreme Court appeal over claim of £1.2m from heirs of school benefactor

The Supreme Court has allowed Oxfordshire County Council's appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful. The claimants, who are heirs of the late Robert Fleming who conveyed land to Oxfordshire County Council in 1914 and 1928 under the School Sites Act 1841, said that since the council sold…
Apr 18, 2021

Council faces High Court legal challenge over school closure as part of county-wide restructuring plan

A county council is facing a legal challenge over its decision to close a school as part of restructuring of its education system.
Apr 14, 2021

Upper Tribunal awards £22k costs against council in dispute over EHC plan

A borough council has had a costs order of £22,000 made against it by an Upper Tribunal Judge in a dispute over an Education, Health and Care plan for a man with learning disabilities.
Apr 09, 2021

Legal threat prompts council to retake decision to block humanist from religious education committee

Southampton City Council's religious education committee, the Standing Advisory Council for Religious Education (SACRE), has agreed to retake a decision to block a humanist from becoming a full committee member following a threat of legal action.
Mar 31, 2021

Upper Tribunal judge rules online hearing of EHC Plan case not unfair to visually impaired litigants

A hearing held online involving visually impaired litigants was not unfair – or if there was any such unfairness, it made no material difference, the Upper Tribunal Administrative Appeals Chamber has found.
Mar 26, 2021

Supreme Court refuses permission to appeal in dispute over cut by London borough to element of SEND provision

The Supreme Court has refused permission to appeal over the Court of Appeal’s rejection of a claim that a 5% reduction in one element of a London borough’s SEND provision was unlawful because the council was in breach of a duty to consult under s.27 of the Children and Families Act 2014.
Mar 18, 2021

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

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.
Mar 18, 2021

School and family settle legal row over length of skirt

A 12-year-old Muslim girl has been told she can continue to wear a long skirt for religious reasons after the settlement of a dispute with Uxbridge High School.
Mar 09, 2021

Boy with special educational needs missed out on 16 months of provision because of council errors, Ombudsman finds

The Local Government and Social Care Ombudsman (LGSCO) has asked the London Borough of Redbridge to audit all children who receive Special Educational Needs provision at a borough school after the council left a boy without the support he needed for more than two years.
Feb 25, 2021

Campaigners win legal challenge over temporary car park next to school but council vows to appeal

Campaign group Trees Not Cars has won a judicial review against Manchester City Council over the use of a city centre site.
Feb 23, 2021

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

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.
Feb 19, 2021

Not enough local scrutiny of Cornwall’s outsourced education services to out-of-school children: Ombudsman

Cornwall Council failed to provide a boy with appropriate alternative education for a number of months when he was not able to attend mainstream school because of mental health problems, an investigation by the Local Government and Social Care Ombudsman (LGSCO) has found.
Feb 18, 2021

University of Edinburgh appoints three firms to £2.6m legal services framework

The University of Edinburgh has appointed three providers to a legal services panel estimated to be worth £2.6m.
Feb 16, 2021

Supreme Court to hear appeal by council this week in £1m dispute over land gifted to school

The Supreme Court will this week hear a council’s appeal in a dispute over whether the ownership of land, which was gifted to a school under the School Sites Act 1841, reverted to the donor’s estate when the school ceased to operate from the gifted land.
Feb 09, 2021

University names seven providers to £800k-£1.4m legal services panel

The University of Exeter has appointed seven providers to a legal services framework estimated to be worth between £800,000 and £1.4m over four years.
Feb 08, 2021

London universities to procure £30m legal services framework

The London Universities Purchasing Consortium (LUPC) has begun the procurement of its latest legal services framework, which is worth an estimated £30m and covers England and Wales.
Feb 04, 2021

Borough and county councils in row over restrictive covenant and proposed student housing scheme

The threat of a legal dispute between Colchester Borough Council and Essex County Council has emerged over a proposed development for the site of the town’s former bus station.
Feb 04, 2021

Home-schooling parents crowd fund judicial review challenge against city council

A group of parents who permanently educate their children at home has raised £4,700 to try to take Portsmouth City Council to judicial review.
Jan 12, 2021

Government facing legal challenge over speed of provision of devices to disadvantaged children for education at home

The Good Law Project has launched judicial review proceedings over what it says is the Government’s failure to ensure, “in a timely fashion”, adequate devices are provided to disadvantaged children who require them to be educated at home.
Jan 12, 2021

Judge finds claim over procurement of cloud-based management information system for 57 schools commenced in time

A High Court judge has rejected a contention by an academy trust that a claim brought over the procurement exercise for a three-year contract to supply a cloud-based management information system was commenced out of time.

  MORE FEATURES

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.
April 06, 2020

School admission appeals – the new virtual reality?

Lisa Busch QC considers whether, in the absence of specific legislation, school admissions appeals can be heard using remote technology.
March 19, 2020

COVID19 and delivering the provision in EHC plans

Jonathan Auburn looks at the major challenges local authorities and schools face in continuing to deliver education to children with Education, Health and Care (EHC) plans, as directed by the government.
February 21, 2020

Banning parents’ access to school premises

Michael Brotherton looks at the action schools should take when considering banning parents from their premises.
January 24, 2020

Schools please note - annual reviews

Good preparation is key to the successful delivery of annual reviews of EHC Plans, writes Hayley Mason.
January 17, 2020

Places of learning

What is it like to work as an in-house solicitor in Higher Education? Sam McGinty reflects on the transition between local government and higher education and why he loves his job.
January 10, 2020

Remedies in First-tier Tribunal discrimination claims

A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.
January 10, 2020

Tackling unregistered schools

Ambiguities in the legislation present problems for local authorities seeking to deal with "illegal schools", write Alice Mennell and Graham Burns.
November 08, 2019

Marshalling evidence in special educational needs cases

John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.
October 25, 2019

Disciplinary panels and investigation reports

An Employment Appeal Tribunal has ruled that an investigator’s report should not subvert the role of a disciplinary panel. Charles Pigott considers the judgment.