Education Features

Pupil registration and attendance

Victoria Guest examines recent changes to the legal duties on schools regarding pupil registration and attendance. Read more

SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

NEWS

Apr 17, 2024

High Court upholds prohibition by school on prayer rituals

The High Court has dismissed a secondary school pupil’s challenge over the lawfulness of a policy at her London school to prohibit prayer rituals for all of its pupils.

Apr 17, 2024

Levelling Up Committee chair questions Gove over two-year-long wait for response to Ombudsman review

The Chair of the Levelling Up, Housing and Communities Committee, Clive Betts MP, has written to the Government about its lack of response to the Local Government and Social Care Ombudsman's Triennial Review, which was published more than two years ago.

Apr 09, 2024

Seven in eight teachers and support staff say SEND resources “insufficient”: NEU

The Government has done little to help schools and local authorities in meeting the challenge of increased SEND need, the National Education Union (NEU) has claimed.

Apr 09, 2024

Dame Christine Gilbert to lead independent review into Ofsted response to death of headteacher

Ofsted’s Chief Inspector, Sir Martyn Oliver, has announced the appointment of Dame Christine Gilbert to lead an independent learning review into Ofsted’s response to the death of headteacher Ruth Perry.

Apr 08, 2024

Ofsted publishes updated policies for complaints about inspections and when it will pause inspections

Pausing an inspection in exceptional circumstances now applies to all types of providers, in accordance with Ofsted’s updated complaints and pausing policy.

Apr 05, 2024

Council “passed the buck” to neighbouring area instead of arranging provision of alternative education for young girl, Ombudsman finds

Essex County Council is to review its alternative educational provision following an investigation by the Local Government and Social Care Ombudsman.

Apr 03, 2024

Ofsted to publish school inspection reports – including those giving ‘inadequate’ rating – during purdah

Ofsted has announced that it will publish inspection reports for local authority schools including those assessed to be ‘inadequate’ in the run up to the local elections in England.

Mar 27, 2024

Ombudsman sets out “policy asks” including mandatory signposting for all adult social care providers, extended jurisdiction over schools

The Local Government and Social Care Ombudsman (LGSCO), Amerdeep Somal, has outlined a number of minimum steps needed in order to improve access to its service.

Mar 26, 2024

Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases

The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.

Mar 20, 2024

Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations”

A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.

Mar 20, 2024

Guidance for schools on gender questioning children should “clearly explain” children cannot legally change their sex, but they can have protected characteristic of gender reassignment: EHRC

The Government’s draft guidance for schools and colleges on gender questioning children should more clearly explain and refer to key concepts in the Equality Act 2010, particularly direct and indirect discrimination, the Equality and Human Rights Commission (EHRC) has said.

Mar 12, 2024

Public law, education and employment specialist Amunwa joins 3PB

Public law, education and employment barrister Ben Amunwa has joined 3 Paper Buildings (3PB).

FEATURES AND ANALYSIS

April 16, 2024

Anti-Zionist beliefs and the Equality Act 2010

Rebecca Denvers considers what employers can learn from a case which found that anti-Zionist beliefs are protected under the Equality Act 2010.

April 16, 2024

Developing school land

Luke Exton examines guidance from LocatED on developing the education estate.

April 15, 2024

Moving between boroughs for those with EHC Plans

When children and young persons with Education, Health and Care Plans (EHCPs) move between boroughs, the local authorities involved have different duties depending on whether they are a child or young person, and whether they are currently ‘looked after’. Sarah Davidson and Ellie Mullett seek to unpick the applicable statutory, regulatory, and case law provisions, and highlight issues which can…

April 15, 2024

Gender-critical beliefs and dismissal

A gender-critical teacher recent lost his employment tribunal claims. Jo Moseley analyses the ruling and looks at the lessons for employers.

April 12, 2024

Schools and FOI

Hannah Moran looks at how schools and colleges should deal with freedom of information requests.

April 05, 2024

Extended appeals in SEN cases

Leon Glenister analyses a recent judicial review on “extended" appeals in special educational needs.

April 05, 2024

Not quite a blanket ban on mobile phones in schools: DfE guidance insights

The Department for Education (DfE) recently released new guidance in relation to mobile devices in schools and prohibiting the use of them through the school day. Alexandra Myers, Philip Wood and Richard Freeth look at the key points.

April 05, 2024

Flexible working and teachers

Jo Moseley looks at the challenges for schools in offering flexible working for teachers and how they can make it succeed.

MORE NEWS

Mar 12, 2024

Implementing Education Select Committee recommendations would require additional funding from Government: Ofsted

Ofsted has this week welcomed the recommendations contained in a recent report by the Education Select Committee (ESC) on the regulator’s work with schools, but warned that implementation of many of them would require “additional funding” from the Government.

Mar 06, 2024

High Court finds Welsh Government decision to stop free school meals in holidays was made unlawfully

The Welsh Government’s decision to stop free school meals in the school holidays last year was made unlawfully, the High Court has ruled, following a legal challenge brought by two families.

Mar 04, 2024

Judge rejects challenge to council declining to conduct EHC assessment

The High Court has rejected a challenge against a council’s decision not to undertake an education, health and care (EHC) needs assessment, after the local authority had expressed the view that the claimant was aged approximately 10 years older than his claimed age of 17.

Mar 01, 2024

DfE appoints four firms to £11m contract for teacher misconduct cases

The Department for Education has appointed four law firms to provide presenting officer services for teacher misconduct cases under a contract worth nearly £11m over two years.

Mar 01, 2024

Schools to share daily attendance registers in next phase of attendance drive

The Department for Education (DfE) has announced that every state school in England will now share their daily attendance registers with the DfE, councils and trusts, in a bid to reduce pupil absence in school.

Mar 01, 2024

Council issued with statutory direction in relation to SEND service provision

The Department for Education has issued Bournemouth, Christchurch and Poole (BCP) Council with a government direction notice due to “inadequate improvement” in its special educational needs and disabilities (SEND) services.

Feb 21, 2024

Ministers to amend Criminal Justice Bill to introduce mandatory reporting of child sexual abuse

The Government is to amend the Criminal Justice Bill to make it a legal requirement for anyone in regulated activity relating to children in England, including teachers or healthcare professionals, to report it if they know a child is being sexually abused.

Feb 12, 2024

Council told to pay £15k after failings led to child missing education for two years

The Local Government and Social Care Ombudsman has called on North Northamptonshire Council to pay nearly £15,000 after the local authority's failings led to a child missing out on education for two years.

Feb 07, 2024

Councillors issue apology over SEND comments as local authority launches investigation

Three Warwickshire councillors have apologised after making offensive comments about children with special educational needs during a council meeting.

Feb 05, 2024

Welsh local authorities urged to review schools with exclusion rates that overrepresent minority ethnic groups

Welsh Government data for the academic year 2021/22 shows the highest recorded rate of school exclusions since 2013, across all types of exclusion.

Feb 01, 2024

MPs raise alarm on council finances, warn of a “cliff-edge” of potential section 114 notices

There is an "out of control financial crisis" in local councils across England and the Government must act before well-run councils face the prospect of issuing a section 114 notice, the Levelling Up, Housing and Communities committee has warned.

Feb 01, 2024

Ombudsman warns over impact of national shortage of educational psychologists on assessment for Education, Health and Care Plans

A shortage of educational psychologists is having a significant impact on councils’ ability to set out the needs of children with special educational needs and disabilities (SEND), the Local Government and Social Care Ombudsman (LGSCO) has warned.

Jan 31, 2024

Children’s Commissioner “extremely concerned” by latest SEND statistics, with appeals up 24% from 2021-22

The number of tribunals for people appealing against local authority decisions about Education, Health and Care Plans (EHCPs) for children with special educational needs has hit an “all-time high” of 13,700, according to the latest Ministry of Justice data.

Jan 29, 2024

London boroughs forecast drop in demand of nearly 8,000 school places across reception and Year 7 between 23/24 and 27/28

Schools in London are experiencing a continued drop in demand for places, causing “major implications” for the future of schools across the capital, research carried out by London Councils has revealed.

Jan 26, 2024

Ombudsman issues series of recommendations including £13,800 payment after council accommodated mother two hours from school for disabled child

The Local Government and Social Care Ombudsman has found fault with how Wandsworth Council assessed a family’s homelessness situation, after placing a mother in unsuitable accommodation two hours away from her disabled child’s school.

Jan 19, 2024

Ofsted addresses recommendations from coroner following inquest into death of headteacher

Ofsted has today (19 January) published its response to a Prevention of Future Deaths report issued by a coroner following the inquest into the death of headteacher Ruth Perry.

Jan 18, 2024

Ofsted confirms school and further education inspections to begin next week following “mental health awareness” training for lead inspectors

Inspections of schools and further education providers in England will begin from 22 January, following mental health awareness training for all lead inspectors, Ofsted has revealed.

Jan 18, 2024

Carry out enhanced DBS checks for all councillors considered for appointment to committees with education or social services functions, minister tells unitary and upper tier councils

Local Government Minister Simon Hoare has written to the leaders of unitary and upper tier authorities in England calling on them to adopt as best practice enhanced criminal record checks provided by the Disclosure and Barring Service for all councillors being considered for appointment to any committee which discharges education or social services functions.

Jan 18, 2024

Judge dismisses challenge to planning permission for school redevelopment amid noise concerns

Residents who claimed councillors at the Royal Borough of Kensington and Chelsea were given "significantly misleading" advice from a planning officer before approving planning permission for the redevelopment of a site for a school have failed in a judicial review bid of the decision.

Jan 18, 2024

Supreme Court refuses permission to appeal rejection of vicarious liability claim against school over abuse by work placement individual

The Supreme Court has refused a claimant permission to appeal over the Court of Appeal’s dismissal of her claim that a school was vicariously liable for sexual abuse by an individual who had undertaken a work experience placement.

Jan 17, 2024

Council warns of likely section 114 notice if Dedicated Schools Grant statutory override not extended

BCP Council has said it expects its Director of Finance will have to issue a section 114 notice in December 2024 if the statutory override for the Dedicated Schools Grant (DSG) is not extended after March 2026.

Jan 16, 2024

Further education group to procure £1.4m legal framework

NCG Corporation, which oversees the activity of seven UK colleges, has fired the gun on the procurement of a legal services framework worth an estimated £1.4m.

Jan 11, 2024

Ombudsman criticises council for taking “too long” to carry out recommendations issued following two education complaints

The Local Government and Social Care Ombudsman has highlighted two separate cases where Bury Metropolitan Borough Council has taken too long to carry out its recommendations.

Jan 10, 2024

Ombudsman issues reminder to two councils on recording of reasoning during school admission appeals

The Local Government and Social care Ombudsman has reminded Waltham Forest Council and East Riding of Yorkshire Council of the need to ensure that the reasons for school admission panel decisions are recorded.

Jan 10, 2024

LGA calls for legislation to be brought forward “urgently” ahead of Commons debate on SEND provision and funding

The Local Government Association (LGA) has called on the Government to “urgently” bring forward legislation that gives councils the powers to lead local SEND systems.

Jan 05, 2024

Chief Inspector pauses school inspections for short period to allow for inspector training in wake of Ruth Perry inquest findings

The new Chief Inspector of Education, Children’s Services and Skills, Sir Martyn Oliver, has begun his tenure by announcing a short pause in routine school inspections in the wake of the Ruth Perry Inquest.

Jan 02, 2024

Parents threaten legal challenge again over “short sighted” decision by council to close school

A group of parents are threatening for a second time to bring a legal challenge against Hackney Council over its decision to close a local primary school.

Dec 19, 2023

Government issues draft guidance saying schools should engage parents “as matter of priority” if child wishes to change gender identity at school

The Government has published draft non-statutory transgender guidance for schools and colleges, which contains practical advice to help them make decisions regarding children who are questioning their gender.

Dec 18, 2023

Council did not properly consider whether it needed to provide alternative education for young boy, Ombudsman finds

The Local Government and Social Care Ombudsman has recommended that the London Borough of Tower Hamlets pay more than £10,000 after the council did not properly consider whether it needed to provide alternative education for a young boy.

Dec 18, 2023

Judge finds local authority in breach of statutory duty to complete finalised EHC plan within 20 weeks, but adjourns wider claim

The High Court has found that Hertfordshire County Council acted unlawfully in failing to complete a finalised Education, Health and Care (EHC) plan within the statutory period.

MORE FEATURES

March 26, 2024

Education otherwise than at school: what local authorities can do

Megan Oakley looks at the key considerations for local authorities when it comes to special educational provision through EOTAS.

March 15, 2024

Disability discrimination in schools

Alex Line analyses a recent Upper Tribunal appeal concerning disability discrimination in schools.

February 22, 2024

A zero sum game?

February 22, 2024

‘Suitable’ vs ‘Appropriate’

Olivia McGonigle looks at the lessons to be learned from a recent Upper Tribunal ruling in relation to naming schools in EHC plans.

February 22, 2024

School pupils and reasonable adjustments

Philip Wood analyses a new case on the reasonable adjustment duty for schools under the Equality Act 2010.

February 22, 2024

EHCPs and home education

Is it lawful for an EHC plan to specify home education – and if so, how? Katherine Anderson examines a recent Upper Tribunal ruling.

February 22, 2024

What does the new gender questioning guidance mean for schools?

Just before Christmas, the Department for Education (DfE) published its long-awaited draft guidance on gender questioning pupils, which has inevitably resulted in some controversy, writes Philip Wood.

February 22, 2024

Ofsted reform: Where are we now and where do we go from here?

Katie Michelon summarises some recent developments in relation to Ofsted and highlights what we can expect next.

February 22, 2024

Securing SEND provision in the context of stretched local authority budgets

Jim Hirschmann looks at what happens where a mandatory duty applies but a public body fails to discharge it, and examines the role of the Local Government and Social Care Ombudsman as a route of redress for the failures of councils in relation to SEND provision.

February 09, 2024

School redevelopment and noise concerns

The Planning Court has rejected a judicial review challenge to the grant of planning permission for the redevelopment of a new site for a school. Meyric Lewis KC and Charles Streeten explain why.

January 24, 2024

Employment law changes 2024: guide for schools and colleges

Jo Moseley identifies the key changes in employment law that will impact schools and colleges over the next 12 months.

December 19, 2023

Permanent exclusion checklist for schools in Wales

To help schools to understand the formalities and technical issues that need to be taken into account when a pupil is permanently excluded from a maintained school in Wales, Al Hussain and Trish D’Souza have put together a permanent exclusion checklist.

December 19, 2023

Conflict between schools and local authorities: the naming of schools in Section I of the EHC Plan

Martin Mensah looks at the position where schools object to being named in Section I of an Education, Health and Care Plan.

December 15, 2023

Strikes: what will minimum service levels look like in the education sector?

The Strikes (Minimum Service Levels) Act 2023 came into force on 20 July 2023 and gives the government powers to make regulations to set minimum service levels in specified sectors during strikes. This includes education. Joanne Moseley looks at the implications for the sector.

November 28, 2023