Cheshire East

Home education, content, local authority policy (Goodred v Portsmouth City Council)

David Wolfe considers the practical implications of the Goodred v Portsmouth City Council case, looking at Home education, content and local authority policy. Read more
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  NEWS

Jan 07, 2022

Ombudsman recommends county council pay nearly £7k after boy left without education for two years

A boy with special education needs who received “virtually no” education for two years should be given £6,900 in compensation by Suffolk County Council, an investigation by the Local Government and Social Care Ombudsman has recommended.
Jan 06, 2022

Council facing potential legal challenge over planned transfer of former leisure centre site to university

Winchester City Council has been threatened with a judicial review by a local campaign group over its plans to turn over a former leisure centre site to the University of Southampton.
Dec 16, 2021

Judge remits SEN case to fresh hearing after tribunal overlooked naming school subject to condition that parents arrange transport at own expense

The Welsh Tribunal erred by not properly considering an offer from parents to transport their son, who has special educational needs, to their chosen school, the Upper Tribunal (Administrative Appeals Chamber) has found.
Nov 30, 2021

Council dispute over responsibility for EHC plan delayed implementation, Ombudsman finds

A council has been told to pay nearly £8,000 to a mother and her son after the young adult went four months without proper access to education because the council failed to take responsibility for implementing an Education, Health and Care (EHC) plan.
Nov 30, 2021

Council facing judicial review for push to get children in vulnerable families back to school

A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.
Nov 26, 2021

Judge raps council over unfair dismissal of headteacher

An Employment Tribunal judge has strongly criticised Essex County Council’s handling of a headteacher’s dismissal.
Nov 25, 2021

Court of Appeal rejects claim for negligence, breach of statutory brought by teacher over assault

An assistant head teacher whose career was ended after an assault by a pupil cannot claim for negligence and breach of statutory duty, the Court of Appeal has ruled.
Nov 24, 2021

Children’s services leaders call for mandatory register of home educated children as numbers rise

The Association of Directors of Children's Services (ADCS) has called on the Government to establish a mandatory register of all electively home educated children with a fully funded duty on the local authority to visit the child, at a minimum annually, to assess the suitability of the education provided.
Nov 19, 2021

High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place

The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.
Nov 17, 2021

Council missed multiple deadlines for reviewing Education, Health and Care plan, Ombudsman finds

Poor administration of a teenager's Education, Health and Care Plan (EHCP) by Staffordshire Council left her college unable to support her properly, an investigation by the Local Government and Social Care Ombudsman has found.
Nov 15, 2021

Six law firms win place on place on £3.1m further and higher education legal services framework for Scotland

A Scottish procurement body has appointed six law firms to a legal services framework worth an estimated £3.1m.
Nov 08, 2021

University to procure £1.4m contract for external legal services

The University of Huddersfield has issued a contract notice for the procurement of external legal services worth an estimated £1.4m.

  FEATURES AND ANALYSIS

December 10, 2021

Over-reliance on ‘waking day curriculum’

The Upper Tribunal has warned of the dangers of over-reliance on ‘waking day curriculum’, overturning a First Tier Tribunal decision. William Haslam looks at the lessons to be learned.
November 26, 2021

Responding to the impact of TikTok on your school community

Julia Green looks at the options for schools and teachers who are subject to attacks on TikTok.
November 26, 2021

Law enforcement processing and the meaning of “authorised by law”

In October, there was a decision in the Scottish courts which will be of interest to data protection practitioners and lawyers when interpreting Part 3 of the Data Protection Act 2018 (law enforcement processing) and more generally the UK GDPR, writes Alistair Sloan.
November 19, 2021

Data protection for schools and higher education institutions

Matthew Wyard considers the right to access educational data via a subject access request (prompted by a recent issue in his caseload), and also the data protection obligations owed by further and higher education institutions (“HEIs”) in situations of crisis on campus.
November 12, 2021

Faith school legitimate expectation and discrimination challenges dismissed

Adam Heppinstall QC and Jack Castle explore a case in which the court dismissed legitimate expectations, discrimination and irrationality challenges against the decision to move a Sikh-faith Academy to another Trust.
November 09, 2021

Looked after children and Covid-19 vaccination

Josie Canham-Williams summarises the first case to address the administration of the Covid-19 vaccination for 12-15 year olds and the winter flu vaccination for children in school years 7 to 11.
November 05, 2021

SEND Tribunal case law review

Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.
October 22, 2021

Please, sir, I want some more

Ibrahim Hasan looks at the significant issues raised by the use of facial recognition in schools.
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  MORE NEWS

Nov 02, 2021

Group eyes legal challenge over proposal by London borough to close two children’s centres

A group of parents, carers and local community members are crowd funding a legal challenge in a bid to stop Hackney Council from closing two children’s centres.
Oct 28, 2021

Councils welcome extra funding for school places for children with special educational needs and disabilities but urge Government to complete review of system

The Local Government Association has urged the Government to complete its ongoing review of the SEND system.
Oct 20, 2021

High Court upholds reprimand issued by education regulator to teacher who sent obscene response to job rejection email

An interviewee who received a reprimand from an education regulator after he responded to a rejection email with an expletive has lost a High Court appeal of the decision.
Oct 12, 2021

Lawyer advising parents over council plan to close rural schools in Wales

A council’s ten year strategy to transform education in its county could be disrupted after parents whose children’s schools are under threat of closure as part of the plan are threatening legal action.
Oct 11, 2021

School carries out “substantial and rigorous changes” to improve student safety following the death of a pupil

Measures to improve student safety have been implemented at a school criticised by a coroner over the death of a pupil.
Oct 05, 2021

Browne Jacobson appoints Antoniou as new London Head of Education

Browne Jacobson has appointed Charlotte Antoniou as a partner and the new head of its London education team.
Sep 28, 2021

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools

The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.
Sep 24, 2021

Council to pay looked after child £10k for loss of suitable education, following Ombudsman investigation

The Royal Borough of Kingston upon Thames has agreed to pay more than £10,000 to a looked after child after an investigation by the Local Government and Social Care Ombudsman (LGSCO) found the quality of care he received impacted his education and relationship with his family.
Sep 23, 2021

First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules

A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.
Sep 21, 2021

Supreme Court refuses permission to appeal in challenge to amended SEN transport policy

The Supreme Court has refused permission to appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.
Sep 16, 2021

Ombudsman criticises decision-making at county council over school transport

The Local Government and Social Care Ombudsman has asked Staffordshire County Council to reconsider whether it pays for transport to get a teenager who has autism to her college some 25 miles away.
Sep 15, 2021

Local authorities should seek urgent legal advice on school Covid-19 vaccinations, campaign group says

Lawyers for Liberty has warned local authorities and schools to urgently take independent legal advice on the potential legal implications of the vaccine programme for 12-15 year olds.
Sep 09, 2021

Welsh council loses appeal over unfair dismissal claims brought by PE teachers affected by school reorganisation

Gwynedd Council has lost a Court of Appeal case over the redundancy of two physical education teachers after a school reorganisation.
Sep 08, 2021

Bevan Brittan strengthens higher education team with Soundy hire

Law firm Bevan Brittan has bolstered its higher education practice with the appointment of Rachel Soundy as a new corporate partner.
Sep 07, 2021

Education Secretary and local authorities threatened with legal challenge over approach to vulnerable children and school attendance

The Good Law Project (GLP) has written to the Secretary of State for Education, Gavin Williamson, threatening legal action if he fails to issue guidance that protects vulnerable children and families as schools reopen.
Sep 06, 2021

Local authority ordered to pay mother fleeing ex-partner £10k in compensation following data breach

Hampshire County Council should pay £10,000 in compensation after a mother who was fleeing her ex-partner had her address exposed in a data breach, Portsmouth Magistrates' Court has ruled.
Aug 26, 2021

Upper Tribunal examines operation in SEN case of "Recommendations Regulations"

A First Tier Tribunal (FTT) decision in a special educational needs case must stand even though an error in law was made, the Upper Tribunal Administrative Appeals Chamber has ruled.
Aug 25, 2021

School and council agree five-figure settlement over case where pupil was sexually assaulted by classmate: report

A school and local authority have conceded that there was a breach of duty, but have not admitted liability, in a case of alleged failure to prevent a sexual assault from taking place in school, it has been reported.
Aug 23, 2021

High Court gives green light to legal challenge over decision by county to restructure of education system

Two families have been granted permission by the High Court to challenge a decision to restructure the education system in South Somerset.
Aug 20, 2021

Council to review alternative education policy in light of Ombudsman report

Manchester children who were out of education before the first national lockdown are to have their cases reviewed following a Local Government and Social Care Ombudsman report.
Aug 20, 2021

Council terminates contract with SEND transport provider over insufficient background checks

Birmingham City Council has terminated its contract with a firm that provided transport for children with special needs after a report found less than half of the operator's staff had the correct background checks.
Aug 12, 2021

Ombudsman criticises “poor council practice” nationwide after boy misses out on alternative education for more than a year

Central Bedfordshire Council has agreed to review the way it provides alternative education for children who are unable to attend school because of medical issues, following an investigation by the Local Government and Social Care Ombudsman.
Aug 02, 2021

University fires gun on £3.8m legal services contract

Nottingham Trent University is inviting firms to tender for the provision of legal services for a legal services framework worth an estimated £3.8m over four years.
Jul 28, 2021

Ombudsman investigation sees council look again at summer-born children’s school start date requests

Leeds City Council failed to follow guidance on summer-born admissions when deciding when an August-born girl could start school, the Local Government and Social Care Ombudsman has found.
Jul 26, 2021

Maintained school wins High Court challenge over refusal by Education Secretary to revoke academy order

The governing body of a primary school in Walsall has won a High Court challenge over the Secretary of State for Education’s refusal to revoke an academy order.
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).

  MORE FEATURES

October 15, 2021

Parental responsibility: a short guide for local authority SEND teams

Grace-Mary Sweeney of LASEN explores the concept of parental responsibility, how it interacts with education law, and some practical implications for Local Authority SEND Teams.
September 28, 2021

Mandatory off-site schooling

Jonathan Auburn QC examines the impact of the recent decision in CHF & ORS, R (On the Application Of) v Newick Church of England Primary School & Anor [2021] EWCA Civ 613 on the need for and provision of off-site schooling by schools and local authorities.
September 24, 2021

The recovery of tuition fees

Imogen Proud analyses the decision of the High Court in SS Education v CCP Graduate School Ltd to deny the recovery of tuition fees under the Education (Student Support) Regulations 2011.
September 24, 2021

Mandatory off site schooling other than by statutory exclusion

A recent High Court case considered whether schools and local authorities can mandate that a child – against the wishes of the child's parents – must attend off-site education at another school. Jonathan Auburn QC analyses the ruling.
September 24, 2021

Vaccinating 12 to 15 year olds

Stephanie McGarry and Alistair Taylor consider the Government’s updated guidance on Covid-19 vaccination of 12 to 15 year olds.
September 24, 2021

Civil claims in schools

Katherine Langley explores some of the more common types of claim that arise in a school setting to provide insight into the principles that will be considered when civil claims are brought and steps that can be taken by schools when implementing policies and procedures.
September 10, 2021

Education authorities can resist requests for statement in appropriate circumstances

John Roberts explains how an education authority sought to resist an appeal in the Special Educational Needs Tribunal for Wales (‘Tribunal’).
August 27, 2021

Forced academisation

Can the Department for Education force schools to academise? Laura Sherratt analyses a recent High Court ruling.
July 30, 2021

Duty to provide relevant evidence in Special Educational Needs cases

A recently published Upper Tribunal decision provides guidance as to the duties of the parties to provide relevant evidence to the First-tier Tribunal (“FtT”) in special educational needs cases, writes Holly Littlewood.
July 30, 2021

A bluffer’s guide to A2P1: what does the right to education protect?

Imogen Proud considers the nature and scope of the right to education under the Human Rights Act 1998 (“HRA 98”).
June 18, 2021

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.
May 14, 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 16, 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 16, 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.
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.
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