Education legal update

Welcome to the April 2008 edition of our education legal update, an easy and convenient way for you to stay up-to-date with legal developments affecting the education sector. I hope that you will find the contents useful.

As well as the usual mix of articles this edition includes a podcast for the first time comprising a question and answer session on the subject of data protection and its implications for schools. There is also a flow chart setting out, in a simple and easy to read, format the role of trustees, governors and trust partners in trust schools.

Data protection in the education sector

Trust schools flow chart

As well as advising schools, colleges and Local Authorities on their legal issues, Browne Jacobson is committed to participating in an extensive programme of education sector training events. This update contains details of some of the seminars and conferences we will be involved in during the summer term.

This newsletter is issued termly. However, in conjunction with Optimus Publishing we also publish a fortnightly publication called Legal Expertise. If you are interested in finding out more, please click on the link below:

Legal Expertise

Should you require any further information on any of the issues or events in this edition please feel free to contact us. We would also be very pleased to hear from you with any views you have in relation to the update generally.

Mark Blois, Partner

Articles in this issue...

Charities Commission proposals

The Independent Schools Council (ISC) has criticised the Charity Commission’s recently published draft guidance on fee-charging by independent schools and warns that small institutions unable to afford the required changes may be forced to close their doors. What are the implications?

Exclusions

Schools are facing an increase in the number of pupil exclusion appeals. This is particularly prevalent with regard to disability discrimination. This article looks at the Disability Discrimination Act 1995 (DDA) with reference to two recent appeals.

Equal Pay implications for education

There has been wide publicity in recent months about the burden of equal pay claims in the education sector. The author tries to uncover the mystery behind the litigation and highlights some of the problems facing educational establishments.

The Children’s Plan

The Children’s Plan is the Governments long term objective to reduce illiteracy, anti social behaviour and eradicate poverty by placing schools at the centre of an array of new measures covering education, health, the family and law and order. What is the role of schools within the Plan?

Fraudulent admissions

The issue of fraudulently obtained school places, particularly prior to offers of places being taken up, has received much recent media attention. What do schools do when the fraudulent admission comes to light after the child has taken up a place?

SEN and Human Rights

Last summer the High Court gave judgment in four education claims involving special educational needs and the Human Rights Act 1998. One of those claims appealed the original decision to the Court of Appeal. This article looks back at the original claims and the outcome of the subsequent appeal.

Forthcoming events

The content of this quarterly update is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.