school children – Page 11 – Current Awareness

A2P1 and Access to Education during Covid-19 – Monckton Chambers

Posted May 19th, 2020 in coronavirus, disability discrimination, education, human rights, local government, news, school children by sally

‘As the home-time bell rang on 20 March 2020, schools and other educational providers across the country closed their doors in response to the Covid-19 pandemic. The only pupils currently permitted to attend school are vulnerable children and the children of key workers. All children, however, continue to enjoy the right to education under Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR).’

Monckton Chambers, 18th May 2020

Source: www.monckton.com

Changes to the EHCP regime during Covid-19: a quick guide for parents and representatives – Monckton Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, disabled persons, education, equality, learning difficulties, local government, news, school children by sally

‘On 1 May 2020, the entitlements of children with SEND (and their parents) in relation to the Education, Health and Care (EHC) Plan process changed. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the “New Regulations”) came into force. They will expire on 25 September 2020 unless extended. The New Regulations amend four existing sets of Regulations including the Special Educational Needs and Disability Regulations 2014 (the “SEND Regulations”).’

Monckton Chambers, 12th May 2020

Source: www.monckton.com

Teachers can legally refuse to return over health risk, says union – The Guardian

Posted May 15th, 2020 in coronavirus, education, employment, government departments, health, health & safety, local government, news, school children, teachers, trade unions by sally

‘Teachers can legally refuse to return when schools reopen unless they get the same protections against coronavirus as other frontline staff, one of the UK’s leading teaching unions has warned.’

The Guardian, 14th May 2020

Source: www.theguardian.com

Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph

Posted May 5th, 2020 in compensation, data protection, disabled persons, human rights, news, school children, special educational needs by sally

‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’

Daily Telegraph, 4th May 2020

Source: www.telegraph.co.uk

Judge orders fresh hearing of appeal over school places decision after successful challenge by renting residents – Local Government Lawyer

Posted May 1st, 2020 in appeals, children, education, housing, jurisdiction, local government, news, school admissions, school children by sally

‘A panel that hears appeals against decisions on school places in Richmond-upon-Thames must reconsider a decision in relation to a family resident in rented property, the High Court has ruled.’

Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Government legal move risks councils ‘downing tools’ on support for disabled children – Law Society’s Gazette

Posted May 1st, 2020 in children, coronavirus, disabled persons, easements, education, learning difficulties, local government, news, school children, social services, statutory duty by sally

‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’

Law Society's Gazette, 1st May 2020

Source: www.lawgazette.co.uk

Campaigners given permission for legal challenge over guidance from council on transgender issues in schools – Local Government Lawyer

Posted May 1st, 2020 in education, equality, gender, judicial review, local government, news, school children, transgender persons by sally

‘The High Court has granted a campaign group permission for a judicial review challenge over Oxfordshire County Council’s guidance on transgender issues in schools.’

Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Department for Education relaxes statutory timescales in four sets of regulations relating to SEN system – Local Government Lawyer

Posted May 1st, 2020 in coronavirus, disabled persons, education, equality, learning difficulties, local government, news, school children by sally

‘Various statutory deadlines in four sets of regulations dealing with special educational needs and disabilities, principally those that relate to EHC [Education, Health and Care] needs assessment and plan processes, will be modified with effect from tomorrow (1 May).’

Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Supply teacher jailed for sexually assaulting six girls at primary school – The Guardian

Posted April 28th, 2020 in child abuse, news, school children, sentencing, sexual offences, teachers by sally

‘A supply teacher has been jailed for eight and a half years for sexually assaulting six girls at a primary school in North Yorkshire, two years after similar allegations were dropped.’

The Guardian, 27th April 2020

Source: www.theguardian.com

EXE v Governors of the Royal Naval School [2020] EWHC 596 QB – 39 Essex Chambers

Posted April 24th, 2020 in causation, chambers articles, child abuse, children, criminal records, damages, employment, limitations, negligence, news, school children, vicarious liability by sally

‘The Defendants employed a 30 year old man “Hughes” as a kitchen porter from 15 October 1990 to 10 July 1991 at their school for girls. He was provided with accommodation on the school premises. The Defendants were not aware that Hughes had a criminal record, including offences of indecent assault on a female and unlawful sexual intercourse with a girl under the age of 15. Had the Defendants been aware of these convictions, Hughes would not have been offered employment.’

39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

Met to review role of school police officers after legal challenge – The Guardian

Posted April 21st, 2020 in education, equality, judicial review, news, police, proportionality, race discrimination, school children by sally

‘The Metropolitan police are to review the role of officers in schools after a legal challenge raised concerns that they could have a disproportionately negative effect on pupils from black and minority ethnic groups.’

The Guardian, 20th April 2020

Source: www.theguardian.com

Councils face legal action over access to education during lockdown – Local Government Lawyer

Posted April 15th, 2020 in children, computer programs, education, equality, local government, news, school children by sally

‘The Good Law Project is to take legal action against councils over access to education by children from low income families during the lockdown.’

Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: How Will Exam Cancellations Affect Students? – Each Other

Posted April 14th, 2020 in coronavirus, education, examinations, news, school children by sally

‘With the cancellation of all GCSE and A level summer exams amid the coronavirus pandemic, the system for awarding student grades been transformed beyond recognition.’

Each Other, 9th April 2020

Source: eachother.org.uk

Court of Appeal rejects appeal over changes made by county council to SEN transport policy affecting 16-18 year olds – Local Government Lawyer

Posted April 8th, 2020 in age discrimination, appeals, education, equality, learning difficulties, local government, news, school children, transport by sally

‘The Court of Appeal has dismissed an appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.’

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

UK councils face lawsuits over access to education in lockdown – The Guardian

Posted April 7th, 2020 in computer programs, coronavirus, education, emergency powers, equality, government departments, news, school children by sally

‘The UK government must ensure pupils from poor backgrounds have computers and internet connections during the coronavirus lockdown or face legal action for depriving children of their education, according to a group of legal activists.’

The Guardian, 6th April 2020

Source: www.theguardian.com

Met to face judicial review over role of school police officers – The Guardian

Posted March 31st, 2020 in autism, children, equality, families, judicial review, news, police, race discrimination, school children by sally

‘A London family has launched legal action over the role of police officers in schools, amid concerns that their presence could have disproportionately negative consequences for black and minority ethnic groups.’

The Guardian, 30th March 2020

Source: www.theguardian.com

COVID-19 and family courts: Links in one place to new arrangements – Transparency Project

Posted March 24th, 2020 in children, coronavirus, Court of Protection, education, families, family courts, health, health & safety, news, school children by sally

‘There’s been a flurry of new guidance in response to the pandemic. We’ve gathered some useful links (with key definitions) to help families, advice workers and professionals find and use practical information more easily.’

Transparency Project, 21st March 2020

Source: www.transparencyproject.org.uk

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.’

3PB, 9th March 2020

Source: www.3pb.co.uk

COVID-19 and school places for critical sector workers: one parent or two? – Education Blog

Posted March 23rd, 2020 in chambers articles, children, coronavirus, health, news, parental rights, school children by sally

‘The new Cabinet Office and DfE Guidance for schools, colleges and local authorities on maintaining educational provision states that school places should be provided where needed for children of critical sector workers. One issue which has arisen immediately is whether this means school places should be open where one parent is a critical sector worker, or only where both parents are such workers. I have heard reports of schools seeking to limit their intake to only those children for whom both parents are critical sector workers. In one case, this puts at jeopardy the running of a large special school which itself is essential to the delivery of a large part of this new policy, namely the continued education of children with EHC plans.’

Education Blog, 20th March 2020

Source: education11kbw.com

Information watchdog warns of dangers of school photos and wrongful disclosure of personal data – Local Government Lawyer

Posted March 11th, 2020 in children, codes of practice, consent, data protection, disclosure, news, ombudsmen, privacy, school children by sally

‘The Information Commissioner’s Office has issued two reprimands, or legal warnings, to schools for wrongly disclosing the personal data of children.’

Local Government Lawyer, 11th March 2020

Source: www.localgovernmentlawyer.co.uk

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