Category: education

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

Posted March 23rd, 2020 in appeals, chambers articles, disabled persons, education, interpretation, learning difficulties, local government, news, school children by sally

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

Full Story

3PB, 9th March 2020

Source: www.3pb.co.uk

Council to review decision on admission of summer-born child after criticism from LGO – Local Government Lawyer

Posted February 19th, 2020 in children, delay, education, families, local government, news, ombudsmen, school children by sally

‘Warwickshire County Council has said it will review its decisions in two cases in which it denied parents’ requests for deferred summer-born children to start school in reception class rather than year one after receiving criticism from the Local Government Ombudsman (LGO).’

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Local Government Lawyer, 18th February 2020

Source: www.localgovernmentlawyer.co.uk

Equalities watchdog launches inquiry into use of restraint in schools – Local Government Lawyer

Posted February 12th, 2020 in education, equality, Equality and Human Rights Commission, inquiries, news, ombudsmen, restraint, school children by sally

‘The Equality and Human Rights Commission has launched a formal inquiry into how schools are monitoring and recording their use of restraint, “following widespread concerns about its use and the lack of data available”.’

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Local Government Lawyer, 12th February 2020

Source: www.localgovernmentlawyer.co.uk

Compulsory religious education ‘may breach human rights’ – BBC News

Posted February 10th, 2020 in education, human rights, news, religious discrimination, school children, Wales by sally

‘Making all pupils take part in religious education classes could see the Welsh Government taken to court for breaching human rights, a legal expert has warned.’

Full Story

BBC News, 8th February 2020

Source: www.bbc.co.uk

VAT on; VAT off: Martial Arts and the Education Exemption – 3PB

Posted February 6th, 2020 in chambers articles, education, news, sport, VAT by sally

‘In the 1984 film Karate Kid, Mr Miyagi admonished Daniel: “I say; you do. No questions”. However, with VAT, there are always questions.’

Full Story

3PB, 29th January 2020

Source: www.3pb.co.uk

Child cruelty case triggers call for home schooling review – The Guardian

Posted January 30th, 2020 in child abuse, child cruelty, child neglect, domestic violence, education, news by tracey

‘Child protection experts have called for a national review of home schooling following an inquiry into a case in which a violent stepfather and his partner subjected their young son to extreme neglect and abuse.’

Full Story

The Guardian, 29th January 2020

Source: www.theguardian.com

Welsh parents lose opt-out for sex, relationship and religious education – The Guardian

Posted January 22nd, 2020 in children, consultations, education, families, news, parental rights, school children, Wales by sally

‘Parents in Wales will soon lose the right to withdraw their children from lessons on sex and relationships or religion, provoking concern among both church groups and secular campaigners.’

Full Story

The Guardian, 21st January 2020

Source: www.theguardian.com

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer

Posted December 12th, 2019 in commons, education, health, land registration, local government, news, Supreme Court by tracey

‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

School launches legal proceedings after receiving ‘inadequate’ rating from Ofsted – Local Government Lawyer

Posted December 6th, 2019 in appeals, education, news, standards by sally

‘A school in Trafford has issued a legal challenge to regulator Ofsted in a bid to overturn being rated as ‘inadequate’.’

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Local Government Lawyer, 15th December 2019

Source: www.localgovernmentlawyer.co.uk

Education Newsletter – 39 Essex Chambers

Posted December 4th, 2019 in disabled persons, education, equality, news, school children, special educational needs by sally

‘The Winter edition of 39 Essex Chambers’ Education Newsletter is now available.’

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39 Essex Chambers, November 2019

Source: www.39essex.com

Education, street protests and injunctions: Afsar – Law & Religion UK

Posted December 2nd, 2019 in demonstrations, education, homosexuality, human rights, injunctions, news, parental rights, school children by tracey

‘Birmingham City Council v Afsar & Ors [2019] EWHC 3217 (QB) was a claim by the Council for injunctions to restrict street protests about Anderton Park Infant and Junior School and to prohibit online abuse of teachers at that school.’

Full Story

Law & Religion UK, 2nd December 2019

Source: www.lawandreligionuk.com

Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’ – Garden Court Chambers

Posted November 26th, 2019 in appeals, asylum, bail, education, news by sally

‘On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights. The concession has come less than a week before the substantive hearing due to be held on 26 November 2019.’

Full Story

Garden Court Chambers, 21st November 2019

Source: www.gardencourtchambers.co.uk

MoJ data suggests 95% of SEN tribunal cases lost, withdrawn or conceded by local authorities, claims charity – Local Government Lawyer

Posted October 30th, 2019 in autism, charities, children, education, learning difficulties, local government, news, school children, statistics by sally

‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’

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Local Government Lawyer, 29th October 2019

Source: www.localgovernmentlawyer.co.uk

Court bid to stop LGBT lesson protests at Birmingham school starts – The Guardian

Posted October 15th, 2019 in children, demonstrations, education, equality, homosexuality, injunctions, Islam, news, school children, transgender persons by tracey

‘City council asks high court for permanent exclusion zone around Anderton Park primary.’

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The Guardian, 14th October 2019

Source: www.theguardian.com

Court of Appeal rejects claim over failure to reassess educational needs of 22-year-old disabled man – Local Government Lawyer

Posted August 9th, 2019 in appeals, disabled persons, education, learning difficulties, news, statutory duty, Wales by tracey

‘The Court of Appeal has upheld a High Court ruling that Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability.’

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Local Government Lawyer, 8th August 2019

Source: www.localgovernmentlawyer.co.uk

Statutory school worship – managing post-Christendom pluralism – Law & Religion Uk

Posted August 5th, 2019 in Christianity, Church of England, education, news, school children by tracey

‘In this guest post, Dr Jonathan Chaplin, an independent scholar specialising in political theology and a member of the Divinity Faculty of Cambridge University, looks at some of the background relating to the forthcoming High Court challenge to compulsory religious assemblies in schools.’

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Law & Religion Uk, 5th August 2019

Source: www.lawandreligionuk.com

Justice secretary urges evidence-led approach to cut crime – Ministry of Justice

Posted July 18th, 2019 in budgets, crime prevention, drug abuse, education, homelessness, Ministry of Justice, press releases, prisons, probation, recidivists, rehabilitation, statistics by tracey

‘Justice Secretary David Gauke today called for an “evidence-led” approach to tackling reoffending in order to crack down on crime and reduce the number of victims.’

Full press release

Ministry of Justice, 18th July 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Home Office used ‘confused, misleading, incomplete and unsafe’ evidence to revoke visas of tens of thousands of international students, report finds – The Independent

Posted July 18th, 2019 in auditors, deceit, education, evidence, examinations, fraud, government departments, immigration, news, statistics, universities, visas by tracey

‘Tens of thousands of international students had their visas revoked after the Home Office used “confused, misleading, incomplete and unsafe” evidence, MPs have said. The department ignored expert advice and relied on “dodgy” evidence when it accused almost 34,000 students of cheating in English language tests in 2015, according to a new report published by the all-party parliamentary group (APPG) on the Test of English for International Communication (Toeic).’

Full Story

The Independent, 18th July 2019

Source: www.independent.co.uk

Police force takes legal action over policy requiring new officers to have a degree – Daily Telegraph

Posted July 12th, 2019 in budgets, education, judicial review, news, police, universities by sally

‘A police force is taking legal action over the controversial policy requiring all new officers to have a degree qualification.’

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Daily Telegraph, 11th July 2019

Source: www.telegraph.co.uk

Parents launch legal action to stop Catholic school academy plan – The Guardian

Posted July 10th, 2019 in Christianity, consultations, education, news, pre-action conduct, school children by sally

‘Parents at a Catholic primary school have launched legal action in an attempt to halt academisation after the local bishop said he wanted all Catholic schools in the diocese to convert and join a multi-academy trust (Mat).’

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The Guardian, 9th July 2019

Source: www.theguardian.com