Legal Expertise

Are you up-to-date with the latest developments in safeguarding?

scameron — Wed, 09 Jun 2010 10:38:49 +0100

What do the two consultations cover?
Actually, they are all linked to safeguarding and recruitment, but cover distinct areas.

Is your school fulfilling its disability duties?

scameron — Thu, 27 May 2010 16:13:05 +0100

What are schools’ existing disability duties?

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Are your school’s pupils safe online?

scameron — Wed, 19 May 2010 09:26:51 +0100

What are the key risks?
Pupils using the internet may be exposed to inappropriate material which they find distressing or embarrassing. They may also be made vulnerable by posting their personal information on the web. Children could be led into cyberbullying, anti-social behaviour or even criminal offences through their use of the internet.
What are schools’ legal duties?
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Looked after children: new duties for schools

scameron — Wed, 28 Apr 2010 17:25:58 +0100

Narrowing the gap: improving educational outcomes for looked after children
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Working Together to Safeguard Children 2010 guidance explained

scameron — Thu, 15 Apr 2010 15:34:20 +0100

Working Together to Safeguard Children has been the cornerstone guidance for child protection within the education sector for many years. Without a comprehensive update since 2006, it was in urgent need of updating to reflect the changes in practice over the last four years.
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Changes to the Vetting and Barring Scheme

jlee — Thu, 18 Mar 2010 17:33:14 +0000

Late last year Ed Balls commissioned Sir Roger Singleton, chair of the Independent Safeguarding Authority (ISA), to report on whether any adjustments to the Vetting and Barring Scheme (VBS) were necessary.
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The National Commissioning Framework: a new marketplace in further education

scameron — Mon, 01 Mar 2010 16:56:52 +0000

Why are local authorities being given responsibility for further education?
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Exclusions and the law

scameron — Wed, 17 Feb 2010 16:06:50 +0000

What is the most recent guidance on exclusions for schools?
Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units (2008), which came into force on 1 September 2008, is the most recent guidance. The DCSF issued this revision to the 2007 version to take exclusion from pupil referral units (PRUs) into account.
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The Lamb Report: does it inspire confidence?

scameron — Wed, 03 Feb 2010 10:39:47 +0000

What is the historical context to the Lamb Report?
The Lamb Inquiry was established as part of the government’s response to the Commons Education and Skills Committee report on SEN in 2007. The Inquiry investigated a range of ways in which parental confidence in the SEN assessment process might be improved.
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How secure is your school’s data?

scameron — Fri, 22 Jan 2010 16:04:37 +0000

What does the Data Protection Act and data security have to do with schools?
Pupil information held by schools and teachers – whether at school or on laptops and other portable devices – attracts the same level of regulation under the Data Protection Act (‘the Act’) as other personal information held by public and private institutions such as banks, businesses in general and government agencies. Pupils’ information needs to be held as securely as possible to protect this potentially vulnerable group.
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Changes in the charitable status of Academy Trusts

scameron — Fri, 08 Jan 2010 12:59:51 +0000

What are Academy Trusts?
An Academy Trust is a charitable company limited by guarantee which operates an academy. The Academy Trust is run by a board of governors who set the curriculum and admissions policy, employ the staff, appoint the head teacher etc. Some academies have their own Academy Trust; other academies share an Academy Trust.
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The Children, Schools and Families Bill: what does it mean for your school?

scameron — Tue, 15 Dec 2009 10:44:24 +0000

Following publication of the Children, Schools and Families Bill in November 2009, there has been much commentary surrounding the proposals for schools. In this edition of Legal Expertise, Katie Michelon examines some of the key proposals and considers the potential impact should the Bill become law.
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Are the Disability Discrimination Act obligations too burdensome for schools?

scameron — Mon, 30 Nov 2009 15:09:23 +0000

What are the obligations under the DDA?
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How the General Teaching Council regulates the teaching profession

scameron — Mon, 16 Nov 2009 17:19:51 +0000

What is the GTCE?
The GTCE is the professional body for teaching in England (Scotland, Wales and Northern Ireland have their own equivalent bodies). Its overall purpose is to work in the public interest to improve standards of teaching and learning. It regulates the teaching profession and holds a register of teachers. All teachers in maintained schools, PRUs and non-maintained special schools must be registered with the GTCE. There are approximately 540,000 teachers currently on this register.
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Admissions appeals: the two-stage test

scameron — Mon, 02 Nov 2009 10:57:43 +0000

What were the facts of the case?
The facts were no different from those being put before most appeal panels around the country, which is why this case is relevant.
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Pupil voice: legislation

scameron — Mon, 19 Oct 2009 17:22:23 +0100

The recent DCSF consultations about whether children and young people should be given the right to independently appeal to independent appeals panels (IAPs) and special educational needs and disability first-tier and upper tribunals (SENDISTs) on decisions of exclusion signifies the re-emergence of an increasingly important issue in educational politics: the topic of ‘pupil voice’.
What is ‘pupil voice’?
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The Independent Safeguarding Authority – the current position

scameron — Mon, 05 Oct 2009 14:54:35 +0100

With the ISA taking on greater responsibility for vetting and barring from 12 October 2009, the press has been full of comment and complaint about the far-reaching tentacles of this new regulatory body.
What is the Independent Safeguarding Authority?
The Independent Safeguarding Authority (ISA) was created following the government’s adoption of the recommendations set out in the Bichard Report. The report stemmed from the inquiry into the tragic deaths of Holly Wells and Jessica Chapman in Soham in 2002.
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New guidelines address allegations against staff

scameron — Mon, 21 Sep 2009 11:35:16 +0100

With the new Independent Safeguarding Authority (ISA) receiving a lot of press at the moment, some education professionals have expressed concern about the ‘soft information’. This material could be collated by the ISA following allegations of abuse against staff. With these concerns in mind and with a recent consultation on new guidance, Dai Durbridge considers the current management of allegations against staff and some possible changes on the horizon.
Is there current guidance on handling allegations against staff?
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The equalities law: implications for those working in education

scameron — Mon, 07 Sep 2009 12:19:50 +0100

There are major changes on the horizon in the employment sphere in the shape of the equality bill which completed the Commons Committee Stage in July 2009, and which contains a number of important proposed changes to equalities law. Sarah Houston looks at the implications for the education sector.
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Disability equality – the duty in schools

scameron — Mon, 06 Jul 2009 15:26:38 +0100

The law relating to disability discrimination is complex, and an increasing number of schools are finding themselves subject to legal challenge on the grounds of disability discrimination. Susie Roome discusses your responsibilities and obligations towards disabled pupils, and how recent case law may assist in successfully defending these challenges.
What disability equality law applies to the education sector?
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ContactPoint

scameron — Wed, 01 Jul 2009 12:06:14 +0100

ContactPoint is set to be introduced very soon. Since January 2009, important progress has been made. Seventeen early adopter local authorities in the north west of England, along with leading national charities Barnardo’s and KIDS, now have trained management teams in preparation for practitioners to start to use the system. Dai Durbridge looks at the reasons for the creation of ContactPoint and the impact it will have upon education.
What is ContactPoint?
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Information sharing policy at schools

scameron — Mon, 15 Jun 2009 16:24:42 +0100

Following Lord Laming’s report The Protection of Children in England: A Progress Report (published in March 2009), information sharing has been back on the child protection agenda. Of course, it never went away – correct information sharing is one of the cornerstones of good child protection practice and vital for efficient and effective multiagency working. In this issue of Legal Expertise, Dai Durbridge reviews the current guidance and considers how Lord Laming’s most recent report will impact upon a school’s information sharing duties.
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The new school admissions and appeals codes

scameron — Mon, 01 Jun 2009 16:12:21 +0100

Since Legal Expertise focused on school admissions in March 2008, The Department for Children, Schools and Families have published an updated admissions code and appeals code, in force since 10 February 2009.
1. Are more bodies acting as their own admissions authority?
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Taking photos in schools

scameron — Mon, 18 May 2009 11:56:43 +0100

There have been many instances reported in the press where schools haven’t allowed parents to take photographs or videos of their children in the school Nativity play. Usually, the dreaded Data Protection Act 1998 (the “Act”) is blamed because it strictly controls when ‘personal data’ (such as images and other data that identifies a living individual) may be ‘processed’ (processing includes the recording, holding and disclosure of personal data). In this article Simon White looks at why the Act is not to blame.
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The new GTCE code of conduct and practice

scameron — Mon, 20 Apr 2009 09:43:58 +0100

The General Teaching Council for England (GTCE) has announced that it intends to implement a new code of conduct and practice for teachers in December 2009. This has been met with criticism from unions who see it as an infringement of the private lives of teachers. In this article Mark Blois looks at whether the new code will lead to the ‘Big Brother’ scenario feared by some teachers.
What is the GTCE?
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Protecting students on work placements

scameron — Mon, 20 Apr 2009 09:26:36 +0100

Work placements are an important part of the 14-19 education and skills agenda, viewed by most as a key learning activity for young people, providing them with an opportunity to enrich their education. However, there is some confusion as to the steps required to ensure the placements are vetted in accordance with current guidance. Dai Durbridge seeks to clarify the position.
Are work placements regulated by law and supported by guidance?
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Changes to 16 to 19 education

scameron — Mon, 23 Mar 2009 11:02:50 +0000

In June 2007 changes were announced to the machinery of government. These were designed, in the words of Gordon Brown, to sharpen the focus of government on the ‘new and very different challenges that Britain will face in the years ahead’.
What has changed?
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Building Schools for the Future: the basics

scameron — Mon, 09 Mar 2009 11:17:51 +0000

1. Why are schools being rebuilt?
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LA powers to intervene in schools causing concern

scameron — Mon, 23 Feb 2009 14:54:39 +0000

Schools causing concern have been in the news recently as a result of the government’s controversial National Challenge Initiative. The Education and Inspections Act 2006 (the 2006 Act) gave LAs a key role in promoting high standards of education and provides a legal framework for LAs and the secretary of state to intervene in schools causing concern. Further power and responsibilities of intervention are to be contained in the Education and Skills Bill.
When do LAs have the power to intervene?
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UK Bill of Rights: how does it affect education?

scameron — Tue, 03 Feb 2009 11:08:13 +0000

The Human Rights Act has now been in force for more than eight years, and new extensions of this cultural phase are now in development. In August 2008 the Joint Committee on Human Rights released a report calling for the government to adopt an ‘aspirational’ UK Bill of Rights and Freedoms. Education has been singled out as one of the rights likely to be brought in.
Will the Bill of Rights replace the Human Rights Act?
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School uniforms and religious symbols

scameron — Mon, 19 Jan 2009 10:36:44 +0000

In recent years a number of schoolgirls have brought legal challenges against their schools when they have been prevented from wearing items related to their religious faith. The items in question have included the Jihab, the Niqab veil and a purity ring. Each of these actions has been founded on an alleged breach of the pupil’s human rights and all of these claims have failed.
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Academies: legal issues

scameron — Mon, 12 Jan 2009 09:33:38 +0000

What legislation is applicable to an academy?
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Academies: what you need to know

scameron — Fri, 05 Dec 2008 11:05:46 +0000

In the first of two articles from Legal Expertise, we examine why academies are different, and what is it about these schools that provokes such a diversity of feelings in education professionals and parents alike. Next time we will focus on and explain some of the distinctive legal aspects of the academies programme.
What is the government’s academies programme?
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Disability discrimination in schools

scameron — Tue, 18 Nov 2008 09:42:19 +0000

An increasing number of schools are finding themselves the subject of legal challenges to either independent exclusion appeals panels or Sendist allegations of discrimination against a pupil on the grounds of a disability. The law relating to disability discrimination is complex and frequently seems impenetrable, and recourse to legal advice is often recommended. Moreover, recent case law is likely to assist the schools to successfully defend more of these challenges.
Since when has disability equality law affected the education sector?
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Legal consent: when and how is it needed at school?

scameron — Mon, 10 Nov 2008 10:28:41 +0000

Can a parent always give consent on behalf of their child?
The short answer to this question is no. However, whether you need a parent/guardian’s consent, a child’s consent, or both, will depend on the activity involved, the age of the child, their maturity and their ability to provide informed consent.
When can a child consent to medical treatment?
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Safe internet usage at school

scameron — Mon, 27 Oct 2008 09:52:47 +0000

Following the Byron Report in March 2008, a new government body has recently been launched to oversee child internet safety. The UK Council for Child Internet Safety (UKCCIS) is going to be responsible for implementing the Report’s recommendations, including delivery of e-safety through the curriculum and ensuring that teachers receive the training they need for safe use of the internet. This makes it timely to review schools’ legal obligations in this area.

The internet in schools: protecting pupils and staff
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Independent Safeguarding Authority: a new vetting and barring system

scameron — Fri, 10 Oct 2008 09:38:04 +0100

The new vetting and barring scheme, involving the Independent Safeguarding Authority (ISA), replaces the current List 99, PoCA, PoVA and Disqualification Orders regimes. Legal Expertise discusses.
Why do we need a new vetting and barring scheme?
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School websites: how to protect your pupils and your schools

scameron — Mon, 29 Sep 2008 10:35:48 +0100

School websites can be a dynamic and creative method of communication between a school, its pupils, staff and the wider community. Websites can serve a wide purpose - from promoting the school to prospective parents and staff, to a gallery for pupils’ work, a resource for teaching and learning, or to assist in recruitment. However, this range of exciting opportunities is mirrored by the equally wide range of legal risks that can apply to a website. So how does a school ensure that its website does not inadvertently break the law, or compromise the safety and privacy of its pupils?
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Legal aspects of The Children’s Plan

scameron — Mon, 08 Sep 2008 12:53:00 +0100

The Children’s Plan was announced by the Department for Children, Schools and Families (DCSF) in December 2007. The plan is described as a long-term vision designed to improve schools and change the way parents and families are supported in the upbringing of their children. Ceri-Sian Williams of Browne Jacobson considers the impact this will have on schools.

What is the Children’s Plan?
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Would you use force on a pupil?

scameron — Sat, 30 Aug 2008 12:21:45 +0100

What power does the Act give to teachers to use force?
As with confiscation, Parliament set out the rules on the use of force in one short part of the Education and Inspection Act 2006.

One point needs to be made clear: this is not a return to corporal punishment. Corporal punishment is and will remain unlawful, and the new Act reiterates this and confirms that staff members cannot use force as a punishment. Instead the use of force is allowed to stop a pupil:
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Would you confiscate a student's property?

scameron — Sat, 30 Aug 2008 12:21:44 +0100

In response to the public perception that pupil behaviour had deteriorated and that steps needed to be taken to redress the balance in favour of the teacher, the government passed the Education and Inspection Act 2006, which included the powers for teachers to confiscate pupil property.

Now that those provisions of the Act have been in force for over a year, Dai Durbridge considers the extent to which teachers are using them and whether they have had a positive impact.

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School trips: responsibility and liability

scameron — Sat, 30 Aug 2008 12:21:43 +0100

As a teacher, do I have personal responsibility for events that take place on school trips and visits?
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Improving the safety of children and young people

admin — Sat, 30 Aug 2008 12:21:42 +0100

What is 'Staying Safe'?
Staying Safe was launched for consultation in July 2007 by the Department for Children, Schools and Families (DCSF), with the aim of promoting a widespread discussion on how best to keep children and young adults safe, and how to respond when they have been harmed. More than 1,000 people responded to the consultation − parents, practitioners, voluntary groups and, perhaps most importantly, children and young people themselves.
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Using biometric data in schools

admin — Sat, 30 Aug 2008 12:21:41 +0100

What is biometric technology?

Biometric technology describes the range of technologies used to measure, analyse and record one or more of a person's unique characteristics, such as fingerprints, iris patterns or voice. This technology is generally used to support business processes that require confirmation of identity.
How can this technology be used in schools and what are the potential benefits?
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Guidance on the ContactPoint directory

admin — Sat, 30 Aug 2008 12:21:40 +0100

Education Questions and Answers

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

admin — Sat, 30 Aug 2008 12:21:40 +0100

This Bill focuses on the education attainment of looked after children. Why is this necessary?

Everyone agrees that the statistics showing the attainment of looked after children make grim reading. There are 60,000 children in care at any given time who, compared to children outside local authority care, are:
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Tackling cyberbullying against teachers

sara — Sat, 30 Aug 2008 12:21:39 +0100

What is cyberbullying?
Given the historical child-centric approach to bullying, the most-used definitions are those provided by children's organisations. Childnet International defines cyberbullying as a type of aggression relating to the "sending or posting of harmful or cruel text or images using the internet or other digital communication devices".
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Child Protection: Negligence and liability within schools

sara — Sat, 30 Aug 2008 12:21:38 +0100

What are the facts of the case?
The judgment is referred to as A v Hoare. It contains the decision in six cases, four of which were to do with allegations of historic child abuse allegedly perpetrated by employees of local authorities, including teachers. Browne Jacobson acted for the Defendants in three of those cases − H v Suffolk County Council, and X and Y v London Borough of Wandsworth. In each case, the claimants made allegations of serious sexual abuse against employees of the defendant.
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Advice on admission policy

sara — Sat, 30 Aug 2008 12:21:37 +0100

1. What does it mean for a school to be 'its own admissions authority'?
This term applies to all schools that have elected to take responsibility for handling their school admission procedure. This includes all foundation, trust, academy and voluntary aided schools. The consequence is that the school is responsible for setting its own policy including the oversubscription criteria, as well as having an independent appeals panel.
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What is cyberbullying?

sara — Sat, 30 Aug 2008 12:21:36 +0100

What is cyberbullying?
It is a type of aggression defined by Childnet International as the 'sending or posting of harmful or cruel text or images using the internet or other digital communication devices'. Police experts and children's charities are concerned at the increase of cyberbullying and charities are voicing concern that this new phenomenon is increasing at an alarming rate. School bullying already claims the lives of around 20 teenagers a year while thousands more suffer physical and psychological torment.
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