June 19th, 2017 by James Goudie KC

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 KC

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 KC

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 KC

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 »


11KBW Education Law Conference for schools and universities, Leeds 2017

January 10th, 2017 by Claire Halas

11KBW is ‘the standout set for education law in terms of strength in depth’ Legal 500

The 11KBW Education Group will be taking its very successful London Education Conference to Leeds on 23rd February 2017.  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 topics to be covered are listed below and both sessions will be chaired by James Goudie QC and include the opportunity for questions and answers.

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

  • Challenges to OFSTED decisions
  • EHC plans for 19-25 year olds
  • Fundamental British Values in education
  • Term-time holidays
  • SEN case law update

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

  • The Higher Education and Research Bill
  • Freedom of speech on campus
  • Immigration issues
  • The new General Data Protection Regulation
  • Procurement topics
  • Challenges to academic judgment
  • Reasonable adjustments and competence standards

Read more »


Term-time holidays: Supreme Court grants permission to appeal

December 21st, 2016 by Paul Greatorex

The Supreme Court has today granted permission to appeal in the term-time holiday case of Isle of Wight Council v Platt.  The Council, with the support and funding of the Department for Education, is appealing against the decision of the Divisional Court reported at [2016] EWHC 1283 (Admin).

The Supreme Court’s announcement of its decision states that it hopes to schedule the appeal hearing for a date in the first quarter of 2017.

Paul Greatorex


SEN reform in Wales

December 12th, 2016 by Joanne Clement

Readers of this blog practising in Wales will no doubt be rejoicing today, after the long-awaited Additional Learning Needs and Eduction Tribunal (Wales) Bill was finally introduced into the Senedd.
Details of the Bill and its expected progress are found here. I hope to provide a summary of the key changes to be introduced by the Bill on this blog in due course.

Read more »


Special Educational Needs: Guidance given on approach where parents cannot agree on choice of school in SEN statement

October 31st, 2016 by Joanne Clement

In SG v Denbighshire County Council and B (SEN) (Special Educational Needs: Special Educational Provision – naming school) [2016] UKUT 460 (AAC), the Upper Tribunal gave guidance on the approach to be taken where parents cannot agree on the choice of school to be named in Part 4 of a statement of special educational needs (“the Statement”).

E’s parents were separated, and did not agree on the choice of secondary school. The parents had a joint residence order, but it appears that E lived with her mother. Mr S wanted E to attend a school in Town R, where he lived. E’s mother wanted E to attend a school in Town P, which was also attended by E’s sister. In Part 4, the local authority named “P School (as long as parents pay for transport)”. Read more »