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Education Case Law Update - FTB

Education 49334981 s 146x219Caroline Daly and David Graham round up the year’s significant education law decisions, including key cases school transport, gender separation, the quality of education due to SEN pupils and the approach to take where a young person lacks capacity.

Date of recording: 23 November 2016

Running time: 34 minutes

Level: Update


•    School Transport: Staffordshire County Council v JM [2016] UKUT 246 (AAC)
•    Best v Appropriate Provision: Devon County Council v OH [2016] UKUT 0292 (AAC)
•    The proper approach in cases where the young person lacks or may lack capacity: Buckinghamshire County Council v SJ [2016] UKUT 254 (AAC) and London Borough of Hillingdon v WW [2016] UKUT 253 (AAC)
•    Parental Dispute re. School: SG v Denbighshire County Council [2016] UKUT 460 (AAC)
•    Application to restrain publication of OFSTED report: R. (on the application of Interim Executive Board of X) v OFSTED [2016] EWHC 2004 (Admin)
•    Is gender separation unlawful? R. (on the application of Interim Executive Board of X) v Chief Inspector of Education, Children’s Services and Skills [2016] EWHC 2813 (Admin)


David Graham

David Graham

David practises across Chambers' specialisms, including public, planning and environmental law. He was called to the Bar in October 2010 and joined Chambers in January 2012.

Practice areas: Public and Administrative Law; Planning Law; Environmental and Regulatory Law; Infrastructure; Licensing Law; Highways, Commons and Prescriptive Rights; European Union Law; Torts; Equalities and Discrimination Law; Contract Law; Property Law; Other Areas
David regularly undertakes work on public law matters including questions of vires, policy and decision-making, consultation, legitimate expectations, pre-determination and natural justice.  He recently advised a local authority in relation to the regulations on 'political balance' and appointments to committees.

David formerly was seconded to Sevenoaks District Council where he advised on a wide range of local authority matters including planning, licensing, housing, environmental health, and council tax matters. He successfully defended the housing benefit decision of Cheshire West and Chester Borough Council in Souter v Secretary of State for Work and Pensions and Cheshire West BC [2014] UKUT 0036 (AAT).

His public law work has included subjects as diverse as local authority constitutions, airports, reservoirs, access to information, road traffic regulation and street parking, council tax and business rates, public procurement law, school admissions policy, and alleged unlawful detention of a mentally ill patient. He has advised on Human Rights matters, particularly Articles 5 and 8, and Article 1 of the First Protocol.

David has gained experience of education law encompassing school admissions, challenges to disciplinary action, and suits against universities for discrimination on grounds of race, sex and disability.

Caroline DalyCaroline Daly

Caroline welcomes instructions to advise and represent clients across all of Chambers' practice areas.

Her main areas of interest include:
•    Planning
•    Environment
•    Infrastructure
•    Compulsory Purchase and Compensation
•    Rating
•    Local Government
•    Licensing
•    Education
•    EU law

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