Legal Expertise

The National Commissioning Framework: a new marketplace in further education

From April 2010, the responsibility for commissioning 16-19 education will pass to local authorities. Rebecca Taylor-Onion looks at the policy driving the changes, and the impact which the new National Commissioning Framework will have on the market in further education provision

Exclusions and the law

Katie Michelon reminds us of the law in the area of exclusions and examines some recent developments around ‘unofficial exclusions’ and schools’ powers to direct pupils to receive behavioural provision away from mainstream education

The Lamb Report: does it inspire confidence?

The recently published Lamb Report on special educational needs (SEN) and parental confidence has made some interesting recommendations. But are they all realistic? Westley Laird reviews the report and reflects on its viability

How secure is your school’s data?

In the light of recent high-profile data losses by government agencies and banks, the government has signalled its intention to impose hefty fines on organisations that breach the Data Protection Act. Simon White, a data protection expert at Browne Jacobson LLP, assesses the impact this will have on schools

Changes in the charitable status of Academy Trusts

The Children, Schools and Families Bill is due to have its second reading in the House of Commons on 11 January 2010. If the unamended Bill becomes an Act, it will grant Academy Trusts exempt charity status. Vicki Hair examines the current charitable status of Academy Trusts and what the change will mean

The Children, Schools and Families Bill: what does it mean for your school?

This week’s copy, by Katie Michelon, examines key proposals of the new Children, Schools and Families Bill including new rules on accountability for schools, parental responsibility, curriculum, National Challenge schools, school report cards and home school guarantees

Are the Disability Discrimination Act obligations too burdensome for schools?

The recent Disability Discrimination Act (DDA) decision by the High Court in the case X Endowed Primary School v Special Educational Needs and Disability Tribunal (2009) could impact significantly on schools. Westley Laird reviews the case and discusses how this decision could affect your school

How the General Teaching Council regulates the teaching profession

The General Teaching Council for England (GTCE) has recently introduced a new Code of Practice which came into force in October. Nearly 10 years since it was first established, Katie Michelon examines the GTCE’s role and how it carries out its regulatory function

Admissions appeals: the two-stage test

Admissions appeals based on admission decisions seem to be a constant thorn in the side of schools and admissions authorities. A recent High Court decision focusing on when a school is ‘full’ will remind appeal panels of the evidence they need to consider. How could the case impact on your school?

Pupil voice: legislation

What are the legal considerations to the topic of pupil voice within education? Mark Blois discusses

The Independent Safeguarding Authority – the current position

Dai Durbridge considers the current position of the Independent Safeguarding Authority and the effect the new powers will have on teachers and schools

New guidelines address allegations against staff

Dai Durbridge considers the current management of allegations against staff and some possible changes on the horizon, with reference to the ISA and enhanced CRB checks

The equalities law: implications for those working in education

Sarah Houston looks at proposed changes to the equalities law in terms of it's affect on employment within the education sector

Disability equality – the duty in schools

Susie Roome discusses your responsibilities and obligations towards disabled pupils, and how recent case law may assist in successfully defending these challenges

ContactPoint

Dai Durbridge discusses ContactPoint, the database recording all detail of children in England, and its impact on education and chid protection

Information sharing policy at schools

How will Lord Laming's 2009 report impact upon a schoo's information sharing duties and resulting policy? Dai Durbridge discussesses correct information sharing and its role in good child protection practice

The new school admissions and appeals codes

Dai Durbridge reviews the new admissions codes and appeals procedure and considers whether the balance of power has shifted in favour of admissions authorities

Taking photos in schools

Is consent needed to take photographs ior videos of students in schools? Simon White looks at this sensitive and contentious issue

The new GTCE code of conduct and practice

Mark Blois explores plans for a new code of conduct for the General Teaching Council for England GTCE

Protecting students on work placements

Work placements are a key learning activity for young people, however it is obviously important to ensure that your pupils are safe. Dai Durbridge discusses how, and whose responsibility it is

Changes to 16 to 19 education

Mark Blois looks at how changes to the machinery of government are affecting the delivery of education for 16 to 19 year olds

Building Schools for the Future: the basics

Building Schools for the Future (BSF) is a major school rebuilding programme. It is the biggest single government investment in improving school buildings in the last 50 years and its aim is to rebuild or remodel every secondary school across the UK, totalling 3,500 schools

LA powers to intervene in schools causing concern

This e-bulletin discusses LAs having the power to intervene in situations where schools are causing concern, often following an Ofsted inspection

UK Bill of Rights: how does it affect education?

The Joint Committee on Human Rights has called on the government to adopt a Bill of Rights that goes beyond the existing legislation. Kate Mills looks at the proposals that relate to education

School uniforms and religious symbols

Wearing religious symbols in school has become a sensitive and increasingly public issue, in relation to correct school uniform. Mark Blois looks at a recent case and explains the legal position and the implications for schools

Academies: legal issues

This is the second of two articles looking at academies, focusing on some of the interesting and developing legal issues relating to the academies programme, including overriding statutory legislation, obligations under the funding agreement, academies’ duty of care, and issues of health and safety and negligence

Academies: what you need to know

What is different about academies, and what is it about these schools that provokes such a diversity of feelings in education professionals and parents alike? Susie Roome focuses on this hot topic, which has recently seen much press interest and community debate generated by the government’s expanding programme

Disability discrimination in schools

What are your responsibilities and obligations towards pupils at your school who are disabled? Mark Blois discusses the relevant legislation and explains what you need to know and do

Legal consent: when and how is it needed at school?

Consent is required for many aspects of school life but it is not always clear what form this must take. Kate Mills looks at the issue of consent; when it is required, who needs to provide it, and how a school should go about getting it

Safe internet usage at school

This Legal Expertise examines schools’ legal obligations in the area of internet usage, offering ideas for managing the risks involved

Independent Safeguarding Authority: a new vetting and barring system

With the Independent Safeguarding Authority (ISA) due to launch at the end of 2009, Chris Webb-Jenkins takes a look at the practical implications of the complete overhaul of our vetting and barring system

School websites: how to protect your pupils and your schools

How does a school ensure that its website does not inadvertently break the law, or compromise the safety and privacy of its pupils? Susie Roome considers the relevant law and provides some practical advice on how to limit the risks to your school and pupils from the content of your school website

Legal aspects of The Children’s Plan

This e-bulletin looks at the legal implications of The Children's Plan and considers the impact it will have on schools

Would you use force on a pupil?

One of the challenges facing teachers is maintaining good order and discipline in schools. Dai Durbridge looks at the powers available to teachers regarding the use of force, and outlines the legal framework of this delicate area

Would you confiscate a student's property?

Confiscating pupil property can be an effective tool in maintaining order in classrooms and holding the attention of pupils. Dai Durbridge explains the legal provision and how teachers should make their decisions to confiscate

School trips: responsibility and liability

Amid increasing and disproportionate publicity about injuries to children on school trips, as well as teachers’ concerns about liability in the case of an accident, Sarah Erwin-Jones explains the relevant legislation and signposts guidance

Improving the safety of children and young people

The Staying Safe Action Plan was launched by Ed Balls in February 2008, but what does the government hope to achieve with Staying Safe, and will it work? Susie Roome discusses the policy and practical implications of this three-year strategy

Using biometric data in schools

Biometric data systems in schools can now be used to speed up lunch queues, remove the need for students to carry money, save time in taking registers and prevent unauthorised access to school premises

Guidance on the ContactPoint directory

Looking at the current status of ContactPoint, its timescale and the effect it is likely to have on schools read more

How will the Children and Young Persons Bill affect looked after children?

Legal Expertise considers how the Children and Young Persons Bill looks set to have a significant impact on the way schools admit and teach looked after children read more

Tackling cyberbullying against teachers

Cyberbullying among children has firmly caught the media's attention, but it is only recently that attention has been drawn to how new technologies are being used to bully teachers

Child Protection: Negligence and liability within schools

On 30 January 2008 the House of Lords gave judgment in six cases on issues of limitation and negligence. The ramifications of the decision for those working in education are far reaching, as Dai Durbridge explains.

Advice on admission policy

Legal Expertise looks at the mechanisms open to parents to challenge admissions policies and investigates why this year is likely to see more challenges

What is cyberbullying?

Legal Expertise focuses on cyberbullying and the legal obligations on schools to tackle it

Guidance on information sharing

The recent media frenzy surrounding the safety of personal information has pushed data protection and information sharing back into the spotlight. We consider whether the risk of losing children's information should make us review our methods of sharing it

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