Legal framework - Teaching Expertise

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

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

Legal Expertise looks at the management of an allegation of harmful behaviour made by a child against a member of staff read more

The figures suggest a success story, but the Trust Schools programme has had its fair share of controversy read more

A significant number of teenagers were stabbed to death in our cities during 2007. Legal Expertise explains the new powers given to headteachers to search pupils for weapons with and without consent read more

In this issue look at the important issue of personal information and data security read more

Your teaching staff must have the health and physical capacity to teach, but in assessing this you must make sure you comply with disability discrimination rules, says Yvonne Spencer

Whose opinion takes precedence in a dispute over provision, asks Michael Segal – parent or local authority?

Employers looking to prevent and defend claims of stress, and employees who are suffering from stress at work, should make time to read the complex litigation involved, urges Tamara Ludlow

If you work with children or vulnerable adults, there are difficult decisions regarding when to disclose sensitive information. Chris Webb-Jenkins examines the impact of the Safeguarding Vulnerable Groups Act 2006 on this issue

Re: A (a child)(adoption) [2008] 1 FCR55, CA

Admissions authorities and statutory appeal panels can avoid potential litigation from parents by using tactical decision making, says Yvonne Spencer read more

Michael Segal explores a school’s legal position in implementing a reinstatement order, and how far they are obliged to enforce it

A key judgement means claimants need prove only abuse − not employer’s negligence. But this could be good news for schools writes Dai Durbridge read more

Chris Webb-Jenkins walks you through the new vetting and barring regime, which comes into effect in autumn 2008

The new guidance on restraining pupils is essential reading. Jenni Whitehead discusses the powers it gives and some of the dilemmas it poses

Legal case notes: Re: A (Residence Order) [2007] EWCA Civ 899, CA read more

Yvonne Spencer explains why forced marriage is a human rights abuse and should always invoke child protection procedure within a school

The rulings of two recent legal cases indicate that an SEN pupil’s attitude and application will now be key in assessing educational negligence claims, writes Mark Blois read more

Michael Segal explains why a clear school complaints procedure is vital

It is vital to know the new changes to the law — especially if your school is its own admissions authority, writes Ingrid Sutherland

SENCO Update reports a framework for local authorities that contextualises SEN/LDD issues within the five outcomes of Every Child Matters will be helpful to SENCOs read more

Headteacher David Dixon takes a close look at the philosophy behind elective home education, enshrined in a recent consultation document on guidelines to cover this parental option

What are the legal restrictions on how we should teach religious studies in school?

Mark Blois provides an update and overview on governing body structure and the complex demands made of governors – and possible changes on the horizon read more

Jenni Whitehead reports on a review of the legislation that limited the use of physical chastisement read more

Michael Segal reports a case of paternal identity, contact and child protection

Who gets the final say in deciding when a statement of SEN comes to an end? David Ruebain, Chris Barnett and David Wolfe unravel a complex new case read more

When is exclusion for serious misconduct justified, and how careful must a headteacher be in excluding a pupil? read more

While academies have some characteristics of maintained schools, they retain independent status in law. So which rules apply? Richard Gold clarifies read more

A raft of small changes add up to important new duties for all parties to the exclusion process. Ingrid Sutherland runs through what you need to know, in part two of this series

Richard Bird, former headteacher and now legal consultant to the Association of School and College Leaders (ASCL), looks at the wisdom of using the power to search in schools and concludes that there are often better options read more

The genuine occupational requirement defence to a discrimination claim allows schools to set conditions on whom they employ, and can rely on genuine occupational requirments (GOR) as a defence. Tamara Ludlow explains

Yvonne Spencer looks at a broad scheme to improve outcomes — and explains its effect on local authorities and schools read more

Re F (A Child) (Indirect Contact through Third Party) [2006] 3 FCR 553, 75CA read more

How can a school best strike a balance between its uniform policy and its pupils’ right to manifest their religion or belief?

Michael Segal reports a case of local authority proceedings to obtain care orders for three young siblings read more

Joan Sallis continues her series looking at the issues that concern governors, by focusing on the use of biometric technology in schools read more

Ingrid Sutherland outlines controversial new guidance on the provision of sexual health services in schools

The updated exclusions guidance has taken effect, amid a deluge of new discipline and behaviour provision. Ingrid Sutherland outlines the changes in exclusions law

Jenni Whitehead examines the new procedures for allegations against staff, which have been in force since January 2007 read more

Michael Segal explains the legal aspects of ‘special guardianship’ read more

Early Years Update highlights the key management issues contained in the EYFS Statutory Framework

The option to collaborate with outside partners is under-used — but it offers benefits that educators would be wise to take note of, as Richard Gold explains

Seizure of personal effects can interfere with pupils’ human rights, so you need to make sure it’s done lawfully, writes Ingrid Sutherland

Which is more important — a pupil’s right to privacy, or the public interest in education? Michael Segal examines a case where a city council sought an injunction against a television documentary in which its pupils were badly portrayed

Heads must know, but not exceed, their powers when it comes to decisions on school dress, says Richard Bird, former headteacher and now legal consultant of the Association of School and College leaders (ASCL)

An Emergency Protection Order (EPO) authorises a local authority to remove a child to accommodation provided by the local authority and keep him there read more

Cultural diversity calls for comprehensive policy. But what if it doesn’t cover the case at hand? Use common sense and consultation, says Michael Brotherton

Michael Segal investigates how far a school can intervene when divorced parents disagree over an educational matter read more