The test for ceasing to maintain an EHCP

Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP). 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

Jun 19, 2024

Pupils removed from SEN school after undercover Panorama investigation

Pupils have been removed from an independent special educational needs school in Wirral after an undercover Panorama reporter witnessed staff using offensive language to mock pupils for their neurodiversity or learning disabilities, as well as “manhandling them into dangerous headlocks”. The actions of the staff in question are now the subject of a police investigation. During her time…

  FEATURES AND ANALYSIS

June 19, 2024

Private school fees, VAT and SEN

What does the Labour party plan for VAT on private school fees mean for pupils with special educational needs? Martin Mensah looks at the issues it raises.
June 14, 2024

Changing school transport policies

Shejal Patel looks at the key issues for local authorities considering changes to school transport policies for 16 to 18-year-olds.
May 10, 2024

Bans on prayer in school

In a high-profile ruling, the High Court has rejected a legal challenge to a school prayer ban. Philip Wood explains why.
May 01, 2024

Public Sector Insights – Disability discrimination in education

Trish D’Souza, a Legal Director in the Education sector, and Jo Corbett-Simmons, a Legal Director in our Commercial Litigation team, delivered a session for schools, local authorities and academy trusts on Disability discrimination – how to recognise potential claims.
April 16, 2024

Pupil registration and attendance

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

  MORE NEWS

May 15, 2024

Competition watchdog to investigate leading education software provider

The Competition and Markets Authority (CMA) has announced an investigation into whether ESS (Education Software Solutions Ltd) has broken the law by taking action to prevent schools from switching to a new management information system provider ahead of contract renewal dates.
Apr 19, 2024

County council to pay more than £13k for EHC plan failures

The Local Government and Social Care Ombudsman (LGSCO) has found Cambridgeshire County Council at fault for its delays in reviewing a boy’s EHC Plan, its failure to consider provision for adulthood and its failure to provide educational support.

  MORE FEATURES

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

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.
February 22, 2024

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.
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

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 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.
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.