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.

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.

It covers:

• What which situations give rise to the need for off-site schooling?
• The challenges this creates for schools and local authorities
• The different categories of off-site schooling
• A definition of safeguarding separations
• The effect on the law of the Newick decision

About the presenter

jonathan auburn 250x250Jonathan Auburn QC

Jonathan is a new silk, practicing in the fields of public law / judicial review, local government, community care, education law, mental capacity and mental health law. Throughout his practice he has been recommended by the legal directories as a leading practitioner in four categories: administrative and public law, local government law, community care and education law. Jonathan is co-author of OUP’s highly-rated text on public law, ‘Judicial Review: Principles and Procedure’ (2013), as well as writing for the White Book, Phipson on Evidence, and Education and the Courts. Jonathan is a former member of the Attorney General’s A-panel ​of advocates, where he represents central government departments and agencies in complex and high profile judicial review and human rights cases.

Jonathan is originally from Australia, where he graduated with first class honours, before completing a BCL and D.Phil at Magdalen College, Oxford. Prior to coming to the bar he worked in Australia as a solicitor and as a judicial assistant in Australia’s highest court, the High Court of Australia, and in the UK as judicial assistant to Lord Woolf MR.

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