Legal framework

New academies 1: how to become one, and should you?

What are the pros and cons of switching status under the new law? And what steps do you take if you decide to go ahead? Ingrid Sutherland explains

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

There are currently two live consultations that will impact upon your safeguarding duties, the most important of which is the long-awaited sector-specific guidance for the Vetting and Barring Scheme. Dai Durbridge explains how they will affect your safeguarding responsibilities in the new academic year

Is your school fulfilling its disability duties?

The new Equality Act will remove the exemption for schools which previously meant that they did not have to provide auxiliary aids and services to students with a disability. Rebecca Taylor-Onion looks at the impact of the new disability duty in relation to auxiliary aids and services on schools

Looked after children: new duties for schools

New guidance requires schools and local authorities to work more closely together to promote the achievement of looked after children. Hayley Roberts and Sara Erwin-Jones examine the implications for schools

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

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

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

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

ContactPoint

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

Partisan political view in the classroom

Where do schools stand legally on teachers airing their political views in the classroom? Michael Segal explores this sensitive issue

Sexual relations with pupils over 16

Teachers should not face prosecution for sexual relations with pupils above the age of 16 (the age of consent) − this is what Chris Whitehead, the general secretary of the NASUWT said in October 2008. Jenni Whitehead discusses

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

Transport for pupils with SEN

The provision of transport for pupils with SEN, specifically the responsibility of local authorities (LAs) in this area is discussed here by Michael Segal

Your legal responsibilities to international students

Independent schools with international pupils on roll are now required to have a more active involvement in immigration administration. Mark Blois and Helen Rideout discuss

Local authority powers: improving schools

The local authority's role in improving schools is a crucial one. But new powers that have been proposed are controversial, says Mark Blois

Exclusion and reintegration: legal update

Complex legal guidance on exclusion and reintegration has been updated to take Pupil Referral Units (PRUs) into account. Ingrid Sutherland thinks the detail is worth reviewing

School trips and risk assessment

The emphasis of school trips is now on risk-aversion, with priority being placed on experience and adventure. But schools should remember that the threat of litigation has not diminished, warns Susie Roome

When can a religious student be exempt from uniform policy?

Upholding a school's uniform policy can be difficult legally, in terms of religion and race discrimination of pupils. Richard Gold looks at some example cases, in order to explain the relevant legislation

Independent schools: contracts and credit control policy

Timely fee payments at independent schools can be achieved through a clear fee policy and a watertight contract, but if this fails you may need to go to court. Maggie Moodie explains

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

Obligation to educate Gypsy, Roma and Traveller children

What is a school's legal position when it comes to the education of Gypsy, Roma and Traveller children, and how do teachers protect their education? Michael Segal discusses

Educating sex offenders: a school's duty

In cases of sexual offence, it is often a school's duty to educate the perpetrator as well as protect the victim. Yvonne Spencer provides advice on how to balance these competing needs

Using PFI to build at your school

Schools are increasingly turning to Public Finance Initiatives to finance large building projects. Mark Blois looks at how it works

Advice on how to use necessary force with a pupil

When a teacher finds it necessary to use force with a pupil it is essential that they are clear on how to use that force — and how much to use — as well as how to deal with the recording and reporting of the incident afterwards

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

Exclusion: how to write the decision letter

Michael Segal gives guidance on what to consider when wording a pupil exclusion decision letter

SENCOs working within the law

What is the definition of special educational needs? What acts should SENCos be up to date on? This issue of SENCO Week serves as a brief but essential legal summary for SENCos

Understanding parents' and schools' responsibilities towards excluded pupils

Parents have a duty to know the whereabouts of their child for the first five days of exclusion, and schools and LAs should provide suitable full-time education from the sixth school day of exclusion, states statutory guidance

When can you use force to control and restrain a pupil?

Are you familiar with the details surrounding this vital piece of legislation? Claire Anderson explains to educators what they need to know regarding the basic legal implications of when they are able to use force with pupils

Education employment law: statutory leave and pay entitlements

Do you know your way around educational employment law? Does your school's pay and remuneration package meet or exceed minimum standards? Tamara Ludlow gives a legal overview of essential information for both leadership teams and staff

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

Legal case notes: Interviewing children in court

This case discusses the dilemma of weighing a child's wellbeing against the need for that child to give evidence in court, in order to provide a fair trail for the defence

When can parents educate their children at home?

Michael Segal looks at a legal case where the parents' religious beliefs demanded that their children have home schooling

Guide to school employment tribunals

Schools that are properly prepared for employment tribunal hearings can minimise cost and maximise their likelihood of success, writes Tamara Ludlow

Dealing effectively with cyberbullying

Sarah Erwin-Jones discusses the growing problem of cyberbullying towards both pupils and staff, and looks at schools' legal obligations

SEN delegated funding vs. statements

Has increased SEN delegated funding led to fewer statements? Roger Inman looks at the friction between the law and new ways of providing for learning difficulties in the mainstream

Role of the SENCO: legal developments

As the SENCO role continues to evolve, Mark Blois looks at its basic responsibilities and what to expect for the future with respect to new law

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

Accidents at school: liability in terms of supervision

In a move away from strict liability in terms of accidents at school, the courts have said that they are sometimes nobody’s fault. Kris Lines explains

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

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Legal framework