COVID-19 and school places for critical sector workers: one parent or two?

March 20th, 2020 by Jonathan Auburn

The new Cabinet Office and DfE Guidance for schools, colleges and local authorities on maintaining educational provision states that school places should be provided where needed for children of critical sector workers. One issue which has arisen immediately is whether this means school places should be open where one parent is a critical sector worker, or only where both parents are such workers. Read more »

 

COVID-19 and the delivery of provision in EHC plans

March 19th, 2020 by Jonathan Auburn

In my last post, I set out the Secretary of State for Education’s recent announcement that while schools generally are to close, education is still to be provided to certain categories of children, including key workers, children with social workers (presumably those with a children in need plan), and all children with EHC plans. The last category of children, those with EHC plans, will in the current circumstances pose significant challenges for local authorities and schools. While there are many issues to work through, here are some preliminary observations – Read more »

 

COVID-19 and school closures: Secretary of State’s announcement

March 19th, 2020 by Jonathan Auburn

For anyone looking for the full text of the Secretary of State for Education’s recent announcement on school closures, and continued provision of education for the children of key workers, children who have assigned social workers, and children with EHC plans, here it is – Read more »

 

11KBW Annual Education Conference for Schools and Universities 2019

July 30th, 2019 by Claire Halas

“11KBW is a standout set that has unparalleled depth and breadth of experience and acts for the full range of clients in the education market”
Chambers & Partners

The 11KBW Education Group is pleased to invite you to its annual education conference in London on Tuesday 5 November 2019.  As usual, the conference will be divided into two separate sessions – schools in the morning and universities in the afternoon with a lunch for all in the middle of the day.  The subjects to be covered are listed below and there will also be ample opportunity for questions and answers.

Topics to be covered in the schools session in the morning will include:

  • SEN funding challenges
  • Transgender pupils
  • Injunctions: when schools need them and how to get one
  • Mental capacity issues in education
  • 11KBW crossover: data protection, employment and procurement
  • Case law round-up

Topics to be covered in the universities session in the afternoon will include:

  • Office for Students: the new sheriff in town
  • Investigating misconduct on campus: getting it right and getting it wrong
  • Freedom of speech on campus: where are the limits?
  • Brexit: what universities need to know
  • Legislation and case law update
  • 11KBW crossover: inquests, data protection, employment and procurement

Read more »

 

Teachers (and other public servants) pay

February 18th, 2019 by James Goudie QC

Significant budgetary restraints. A significant deficit in the public finances.  Does that all sound familiar?  It is a feature not only in the United Kingdom but also in the Republic of Ireland.  It is the context of Case C-154/18, Horgan and Keegan v Minister for Education and Skills, in which the Second Chamber of the ECJ gave Judgment on 14 February 2019, on a reference from the Irish Labour Court.

Mr Horgan and Ms Keegan are school teachers.  They work in an Irish State primary school. They are supported by the Teachers’ Union, INTO. Read more »

 

Aileen McColgan and Tom Cross in rare and important SEN judicial review

February 5th, 2019 by Claire Halas

The High Court yesterday handed down judgment in R (An Academy) v Medway Council and Secretary of State for Education. This was a comparatively rare judicial review challenge in the area of special educational needs; many such disputes are dealt with in the specialist tribunal.

Read more »

 

Jonathan Moffett QC and Michael Lee in Special Educational Needs budget challenge

October 3rd, 2018 by Claire Halas

Jonathan Moffett QC and Michael Lee are currently representing Surrey County Council before the Divisional Court in its defence of a challenge to its Special Educational Needs budget. The case concerns the extent of local authorities’ obligations to consult and impact assess budget decisions of this type. The case, which is due to conclude today, has been reported by the BBC, the Guardian, and the Independent.

 

11KBW Annual Education Conference for Schools and Universities 2018

January 25th, 2018 by Claire Halas

“11KBW is a standout set that has unparalleled depth and breadth of experience
and acts for the full range of clients in the education market”
Chambers & Partners

The 11KBW Education Group is pleased to invite you to its annual education conference in London on Thursday 1 March 2018 and Manchester on Monday 12 March 2018.  The conference will be divided into two separate sessions – schools in the morning and universities in the afternoon with a lunch for all in the middle of the day.  The subjects to be covered are listed below and there will also be ample opportunity for questions and answers. Read more »

 

Delegation

June 19th, 2017 by James Goudie QC

Section 125 of the Education Reform Act 1988 provides that any institution conducted by a higher education corporation shall be conducted in accordance with Articles of Government. The Articles must make provision with respect to specified matters.  They may make provision with respect to other matters.  These other matters include procedures for the appointment, promotion, suspension and dismissal of staff.

The Articles of Manchester Metropolitan University contain disciplinary procedures. They give the Vice Chancellor power to dismiss. They do however also enable him to delegate that power, but only to the Director of Human Resources.  She is not authorised to sub-delegate or to share the dismissal power. Read more »

 

Striking teachers

May 24th, 2017 by James Goudie QC

Teachers at a sixth form college participate in a full day of lawful strike action. The collective agreement (the Red Book) incorporated into their individual contracts of employment provides that in such a situation their employer can withhold their pay.  But how much can the deductions be?  That was the issue in Hartley v King Edward VI College  (2017) UKSC 39.  The employer had made the deductions at a rate of 1/260 of their annual pay. That was based on the number of weekdays in a calendar year.  That was wrong say the Supreme Court.  The employer was entitled to make deductions only at a rate of 1/365 of their annual salary. This is the effect of the Apportionment Act 1870 (“the Act”).  This provides for accrual from day to day: Section 2. Read more »