Education legal update

Welcome to the September 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. At the start of the new academic year I hope that you find the mix of articles and information useful.

As well as advising schools, colleges and local authorities on their legal issues, we are 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 autumn term.

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...

An increase in responsibilities for education providers

Following Immigration Minister Liam Byrne’s “statement of intent” to introduce a new firm but fair immigration system in to the UK, the Home Office have released further guidance on their new Points Based System: Tier 4 students which is set for launch in January 2009.

High court Sikh bangle decision forces school uniform re-think

There have been a number of high profile challenges in the last few years over the legality of the application of school uniform policies and the wearing of items of religious faith. The claims were brought on the basis that they breached the pupil’s human rights. None have been successful until this recent judgment which has been found in favour of the claimant. This article looks at the background to the claim and the implications for schools.

Challenges for schools and local authorities under the new “National Challenge”

Vicki Hair looks at the changes and challenges facing schools and local authorities in light of the Government’s new National Challenge initiative under which the country’s failing schools have been given until 2011 to achieve the minimum GCSE target, or face closure.

New grievance procedures

Grievance procedures may be used by a teacher raising their own grievance or having to deal with a grievance raised by a colleague. Schools must follow the statutory procedure as set out in the Employment Act 2002. The new Employment Bill currently going through Parliament proposes the abolition of the current statutory procedure. This article looks at the current practice and the proposed changes.

Changing role of school governors

The way schools are governed is currently going through a major review due to the changing role of schools and the increased pressure placed on school governors themselves. A new government initiative is currently undertaking a root and branch review of the effectiveness of governing bodies and how they can be made more representative and accountable.

Use of comparators in disability discrimination claims

In disability discrimination law, schools are under a duty to provide reasonable adjustments and not to subject persons to less favourable treatment for reasons related to their disability. This article looks at these comparators against a recent legal case which potentially impacts on disability claims brought before the SENDIST.

SENDIST is no more

The current system will shortly be fundamentally changed following the implementation of the Tribunals Courts and Enforcement Act 2007. Emily Birkett looks at the structural changes involved as a result of this new legislation.

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.