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 »



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 »


Term-time holidays: The decision of the Supreme Court in Isle of Wight Council v Platt

April 11th, 2017 by Claire Halas

Term-time holidays were back in the headlines last week following the decision of Supreme Court in Isle of Wight Council v Platt but the consequences of the ruling go much wider than family vacations.

11KBW invites you to a breakfast seminar in Chambers on Tuesday 18 April 2017 from 8.45am to look at the decision and examine its implications, which will affect parents, schools and local authorities across the country.

It will be delivered by Paul Greatorex who represented Mr Platt throughout the proceedings and co-speaking will be Tom Cross.  Places are limited and this is expected to be a very popular event so please book now. Read more »


Alternative School Site

March 7th, 2017 by James Goudie QC

In Lucas (on behalf of Save Diggle Action Group) v Oldham Metropolitan Borough Council (2017) EWHC 349 (Admin) the Council had been granted funding to redevelop a School, the existing buildings of which were in a poor state of repair.  The funding was from the Education Funding Authority (“the EFA”).  The EFA undertook a Feasibility Study (“the Study”).  The Study looked at various options for the redevelopment.  These included relocation at a new site.  The Study designated the new site as the best option.  This was because the new site offered the best value for money.

The Study confirmed, however, that if the Council chose to redevelop the School on its existing site, that would be funded by the EFA, despite being more expensive. Nonetheless the Council adopted the new site option.

The Council as Local Planning Authority did not take into account as a material planning consideration with respect to the new site that there was the option of redeveloping the school at its existing site. Kerr J held that it should have done so.  It was relevant to the proposed development for a number of reasons, not irrelevant as the LPA had believed.


Higher education claims: Court gives general guidance on JR and OIA complaints

February 13th, 2017 by Jonathan Auburn

In three linked cases the Administrative Court has just given important general guidance on the relationship between judicial review proceedings and references to the Office of the Independent Adjudicator for Higher Education. The three linked cases were R (Zahid) v University of Manchester, R (Rafique-Aldawery) v St George’s, University of London, and R (Sivasubramaniyam) v University of Leicester [2017] EWHC 188 (Admin). The cases were decided together by judgment of Mr Justice Hickinbottom delivered on 10 February 2017. Read more »


Teacher Misconduct

February 7th, 2017 by James Goudie QC

The General Teaching Council for England was abolished by Section 7 of the Education Act 2011 (“the 2011 Act”). Section 8 of that Act enacted a new statutory code for dealing with misconduct by teachers in England.  It did so by inserting Sections 141A to 141E and Schedule 11A into the Education Act 2002 (“the 2002 Act”). The new scheme came into force on 1 April 2012. Read more »