Legal liability

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

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

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

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

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

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

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

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

Maintaining good order and discipline: what powers do teachers have?

What powers do teachers actually have when it comes to disruptive pupils at school? Dai Durbridge discusses with reference to the use of force and confiscation

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

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

Facilitating reading for additional support needs

Until recently, schools faced copyright barriers when scanning textbooks for pupils with additional support needs. Paul Nisbet discusses recent changes to the law, and their implications for pupils in Scotland and the rest of the UK

Exclusion: how to write the decision letter

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

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

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

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

Legal case notes: Risking painful treatment to improve a child's life

This case discusses a judge's decision over whether to advise that a baby with haemophagocytic lymphohistiocytosis should have painful and invasive treatment in order to give her a 50% chance of life

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

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

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.

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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Legal liability