11KBW Education Conference, 27th November 2012

September 28th, 2012 by Panopticon Blog

“thorough understanding of the education sector.”
Chambers & Partners

11KBW Education Group presents a one day conference focusing on updates in legislation, case law and the day to day issues faced in the Education Sector.

Key areas covered include:
• 2011 Act
• Education and Human Rights
• Academies
• Exclusions
• Case study in the form of “trial” argued by 11KBW members

Peter Oldham QC

James Goudie QC, Tim Kerr QC, Clive Sheldon QC, Holly Stout, Tom Cross, Rachel Kamm & Joanne Clement.

Date & Venues
27th November 2012, Crowne Plaza, 19 New Bridge Street, London EC4V 6DB

Registration from 9.30am
Conference starting at 10.00am finishing at about 3.30pm

£70 + VAT per delegate
Please email the name of the delegate you wish to book, along with their email address and invoice details to Claire Halas – Claire.Halas@11kbw.com

The conference will be accredited with 3 hours CPD


Update on key provisions of draft Special Educational Needs legislation

September 13th, 2012 by Jane Oldham

The House of Commons Library has today published a Standard Note summarising what it identifies as the “key provisions”, relating to England, of the draft legislation on provision for children and young people with special educational needs. The draft legislation was published, for consultation and pre-legislative scrutiny, on 3 September 2012 (click here).  The Note also sets out the background to these proposals, indicates the issues upon which the views of the Education Select Committee are particularly sought and gives a selection of initial responses to the draft legislation, received from special educational needs and disability organisations.

A link to the full text of the Note can be found on the Parliament website: click here 

The draft legislation extends to England and Wales although as the Note states most of the provisions apply to England only; the Welsh Assembly is currently consulting on proposed changes to the SEN system in Wales.


Eligibility for Student Grant

September 11th, 2012 by James Goudie QC

In  R (Arogundade) v Secretary of State [2012] EWHC 2502 (Admin) Robin Purchas QC held that to establish eligibility for a grant, under the Education (Student Support) Regulations, an individual had to meet the three-year “ordinary residence” requirement, that required lawful residence, and would not include residence in breach of the Immigration Rules as an “ovestayer”, notwithstanding that there is no express requirement in the Regulations that “ordinary residence” must be lawful. 

The Deputy Judge said (para 57), applying the approach in R v Barnet LBC ex p Shah

[1983] 2 AC 309:

“It seems to me that the fundamental requirement for ordinary residence over the three year period is in substance the same to demonstrate an established connection with this country as a precondition to eligibility for student grant from public funds. … a person should not be able to rely on his own unlawful act to secure an advantage …”

At para 64 the Deputy Judge said:

“The contention that the Claimant may have been entitled to human rights protection during part or all of the relevant period is no answer to these public policy and related considerations. …”

The Deputy Judge concluded, at para 67:

“In conclusion I find nothing in the subsequent authorities or in the relevant regulations or subsequent legislative changes which would undermine or displace the approach clearly and authoritatively set out by Lord Scarman in his opinion in Shah. On the contrary in my judgment the overall structure and underlying policy and purpose of the 2009 Regulations reinforce that approach as being appropriate to the application of the Regulations.”



September 11th, 2012 by James Goudie QC

Two Statutory Instruments were laid before Parliament on 7 September 2012 and come into force on 1 October 2012. One is the School Forums (England) Regulations 2012, SI 2012/2261. These Regulations revoke and replace the Schools Forums (England) Regulations 2010.  Regulations 3 to 8 provide for the constitution of a schools forum in every local authority in England, including the election of schools members, the election or selection of Academies members and the appointment of non-schools members to the schools forum, their meetings and proceedings. The restriction on non-schools members voting, and the Secretary of State observer status, are new.  Regulations 9 to 11 require the authority to consult their schools forum before entering into certain types of contract and annually in relation to a range of financial issues and the governing bodies of schools maintained by them to be informed of any such consultation. Regulations 12 and 13 require the authority to pay the expenses of their schools forum out of the schools budget and the reasonable expenses of its members.

The other is the Teachers’ Pensions (Amendment) (No 2) Regulations 2012, SI 2012/2270.  These Regulations make amendments to the Teachers’ Pensions Regulations 2010.  The amendments make changes to the arrangements for members to opt into and out of the Teachers’ Pension Scheme (“the Scheme”). This is to assist employers with employees in, or eligible to join, the Scheme in complying with certain of the requirements set out in the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010. Those Regulations prescribe arrangements, provided for by Chapter 1 of Part 1 of the Pensions Act 2008 (“the Act”), for employers to enrol jobholders who are not active members of a pension scheme into a compliant scheme with effect from the automatic enrolment date, to process opt-out notices where these are received, and to re-enrol those who opt out at three-yearly intervals.

There is an extended phasing-in of the employers’ duties under the Act. Some of the amendments to the Teachers’ Pensions Regulations 2010 apply only when the automatic enrolment date has been reached (regulations 3, 4 and 7). Thereafter, an employment which falls into Parts 2 or 3 of Schedule 2 is no longer pensionable on election, although an existing election remains effective (regulation 3). The employer is under a duty to enrol jobholders who are not members of any scheme into an eligible scheme without requiring any election by the jobholder.

Other changes take immediate effect when these Regulations come into force. These include the reduction of the minimum age for membership of the Scheme from 18 to 16 (regulation 4) and the power for a member to opt into and out of the Scheme in respect of individual employment contracts (regulations 6, 7 and 8).  Definitions of the Pensions Act 2008, “automatic enrolment date” and “the Scheme” are added to the Glossary in Schedule 1 (regulation 9).