Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department – WLR Daily

Posted March 13th, 2013 in appeals, education, law reports, news, sponsored immigrants by sally

Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department [2013] EWCA Civ 177; [2013] WLR (D) 96

“The UK Border Agency required colleges seeking highly trusted sponsor status to report all students who failed to enrol including those refused entry clearance or leave to remain. A refusal rate of 20% made proper allowance for unsuitable applicants who could not reasonably be weeded out by a college’s admissions staff.”

WLR Daily, 8th March 2013

Source: www.iclr.co.uk

Telling tales out of school: balancing public authority employees’ duties of confidentiality with their right to freedom of expression – Employment Law Blog

“A dinner lady told a child’s parents that their daughter had been tied to a fence and whipped with a skipping rope by some other pupils, repeated the same to the press and then was dismissed for breach of confidentiality and acting in a manner likely to bring the school into disrepute. An employment tribunal found the dismissal procedurally unfair but dismissed her whistleblowing claim and reduced her compensation for unfair dismissal on the grounds of Polkey and for contributory fault. The tribunal did not, however, determine the question of whether the claimant could lawfully be disciplined for ‘telling tales out of school’ (as it put it).”

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Employment Law Blog, 27th February 2013

Source: www.employment11kbw.com

N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt – WLR Daily

Posted February 26th, 2013 in EC law, education, freedom of movement, law reports, social security by sally

N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt (Case C-46/12); [2013] WLR (D) 77

“On the proper interpretation of articles 7(1) and 24(2) of Parliament and Council Directive 2004/38, a European Union citizen who pursued a course of study in a host member state whilst at the same time engaging in effective and genuine employment activities such as to confer on him the status of ‘worker’ within the meaning of article 45FEU of the FEU Treaty could not be refused maintenance aid for studies which was granted to the nationals of that member state.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Should jurors have to take a literacy test? – The Guardian

Posted February 25th, 2013 in education, evidence, judiciary, juries, media, news by sally

“The judge in the Vicky Pryce trial last week dismissed the jury for ‘fundamental deficits in understanding’. Should jurors have to sit a test?”

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The Guardian, 23rd February 2013

Source: www.guardian.co.uk

Regina (Lewisham London Borough Council and others) v Assessment and Qualifications Alliance and others – WLR Daily

Posted February 21st, 2013 in education, examinations, judicial review, law reports by sally

Regina (Lewisham London Borough Council and others) v Assessment and Qualifications Alliance and others [2013] EWHC 211 (Admin); [2013] WLR (D) 62

The court’s role in deciding a question of fundamental unfairness on a judicial review claim was supervisory. Only where a reasonable body could not fairly have acted as the defendants had did their conduct trespass into the area of conspicuous unfairness amounting to abuse of power.

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Transforming Youth Custody: Putting education at the heart of detention – Ministry of Justice

Posted February 14th, 2013 in detention, education, news, rehabilitation, young offenders by sally

“‘Transforming Youth Custody: Putting education at the heart of detention’ describes the Government’s plans for placing high quality education at the centre of youth custody. Plans to reform youth custody will see young people appropriately punished while at the same time learning to take responsibility for their actions and gaining the skills and qualifications they need to lead productive, law-abiding lives. The paper invites views and outline proposals from a wide range of stakeholders and providers describing how they would implement our vision for Secure Colleges.”

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Ministry of Justice, 14th February 2013

Source: www.justice.gov.uk

Young offenders: government plans to put education ‘at heart of detention’ – The Guardian

Posted February 14th, 2013 in education, news, rehabilitation, young offenders by sally

“Academies and free schools are to be invited to take over education in young offender institutions (YOIs) as part of a radical plan to create ‘secure training colleges’.”

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The Guardian, 14th February 2013

Source: www.guardian.co.uk

GCSE English students lose court battle – The Guardian

Posted February 13th, 2013 in education, examinations, judicial review, news by sally

“Hopes that tens of thousands of GCSE English students might have their grades raised have been dashed after the high court ruled that measures exam authorities took last summer to combat grade inflation were lawful.”

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The Guardian, 13th February 2013

Source: www.guardian.co.uk

GCSE grading row: Result of court case due – BBC News

Posted February 13th, 2013 in education, examinations, judicial review, news by sally

“Thousands of teenagers are awaiting a ruling from the High Court on Wednesday over the grading of GCSE English exams sat in June last year.”

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BBC News, 13th February 2013

Source: www.bbc.co.uk

The IPCC should be scrapped, says former Met Police Commissioner Lord Stevens – Daily Telegraph

Posted February 11th, 2013 in complaints, diversity, education, news, police by sally

“The Independent Police Complaints Commission (IPCC) should be replaced with a new body that can hold the police to account when something goes wrong, says the former Commissioner of the Metropolitan Police, Lord Stevens.”

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Daily Telegraph, 10th February 2013

Source: www.telegraph.co.uk

College of Policing open for business – Home Office

Posted February 6th, 2013 in education, news, police by sally

“Policing and Criminal Justice Minister Damian Green today welcomed the launch of the College of Policing. The College will help raise the standards of policing across England and Wales creating a force fit for the 21st Century.”

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Home Office, 4th February 2013

Source: www.homeoffice.gov.uk

Refusal to make a statement: remember the context – Education Law Blog

Posted February 5th, 2013 in appeals, education, local government, news, special educational needs, tribunals by sally

“A short recent decision of the Upper Tribunal (JS v Worcestershire County Council [2012] UKUT 451 (AAC)) has emphasised the importance, when assessing a child’s special educational needs (‘SENs’), of considering the context in which he or she is performing.”

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Education Law Blog, 4th february 2013

Source: www.education11kbw.com

More training to identify and support victims of human trafficking – Home Office

Posted January 21st, 2013 in charities, education, news, trafficking in human beings, victims by sally

“GPs, midwives, youth workers and social workers are among those professionals who will soon benefit from training to identify and help victims of human trafficking, the Home Office announced today.”

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Home Office, 21st January 2013

Source: www.homeoffice.gov.uk

Public sector equality duty – planning permission for school – Education Law Blog

Posted January 18th, 2013 in education, equality, local government, news, planning by sally

“In R. (on the application of Coleman) v Barnet LBC [2012] EWHC 3725 (Admin) , the High Court has held that the local authority had discharged its public sector equality duty (under section 149 of the Equality Act 2010) when granting planning permission for the development of a school on land on which a garden centre had been situated.”

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Education Law Blog, 15th January 2013

Source: www.education11kbw.com

Proposed new teaching exception to copyright will be welcomed by universities, says sector body – OUT-LAW.com

Posted January 11th, 2013 in copyright, education, news, universities by sally

“Universities will welcome Government plans to reform laws governing the copying of works for educational purposes, a representative body for the sector has said.”

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OUT-LAW.com, 10th January 2013

Source: www.out-law.com

British Humanist Association and another v Richmond upon Thames London Borough Council (Secretary of State for Education intervening) – WLR Daily

British Humanist Association and another v Richmond upon Thames London Borough Council (Secretary of State for Education intervening) : [2012] EWHC 3622 (Admin);   [2012] WLR (D)  386

“The obligation on a local authority to invite proposals to establish academies under section 6A of the Education Act 2006, as amended, was triggered if a local authority thought there was a need to establish a new school in their area. It was implicit in the scheme of Part 2 of the 2006 Act that there was a distinction between the concept of a “need”, which imported a sense of compelling requirement to establish a new school under section 6A, and a more general assessment by a local authority whether it might be beneficial for a new school to be established.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

Education and Human Rights – 11 KBW

Posted December 19th, 2012 in education, human rights, news, parental rights, special educational needs by sally

“Education lawyers cannot ignore the European Convention of Human Rights. The ‘right to education’ is enshrined in Article 2 of the First Protocol to the Convention, and other Convention rights are often in play when education decisions need to be made. In this paper, we examine in detail the content of Article 2 of the First Protocol, and highlight the other Convention rights that frequently feature in education cases.”

Full story (PDF)

11 KBW, November 2012

Source: www.11kbw.com

Academies in court: recent case law – 11 KBW

“This paper concentrates on three recent cases concerning different aspects of the emerging law on Academies:
(1) Consultation on Academy conversions under s.5 Academies Act 2010 (‘the 2010
Act’);
(2) The extent of the obligation on Academies (both pre and post 2010 Act) to admit
children with a statement of Special Educational Needs (‘SSEN’); and
(3) The new Academy ‘presumption’ in s.6A of the Education and Inspections Act 2006.”

Full story (PDF)

11 KBW, 4th December 2012

Source: www.11kbw.com

British Humanist Association v LB Richmond and ors [2012] EWHC 3622 (Admin) – Education Law Blog

Posted December 17th, 2012 in Christianity, education, judicial review, local government, news, school admissions by sally

“In this judgment (handed down on 14 December 2012), Sales J has rejected a challenge to the decision of the London Borough of Richmond accepting proposals from the Roman Catholic Diocese of Westminster for the establishment of two voluntary-aided Roman Catholic schools (1 primary, 1 secondary) in Twickenham.”

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Education Law Blog, 17th December 2012

Source: www.education11kbw.com

High Court rejects Humanist Association’s challenge to faith school proposals in Richmond – UK Human Rights Blog

Posted December 17th, 2012 in Christianity, education, judicial review, local government, news, school admissions by sally

“This was an application for judicial review of decisions of the defendant Council to approve proposals put forward by the Roman Catholic Diocese of Westminster to establish a voluntary aided secondary school designated by the Secretary of State as a school having a religious character as a school for Roman Catholics and a similarly designated primary school.”

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UK Human Rights Blog, 15th December 2012

Source: www.ukhumanrightsblog.com