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

Michael Segal explains why a clear school complaints procedure is vital

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The genuine occupational requirement defence to a discrimination claim allows schools to set conditions on whom they employ. Tamara Ludlow explains

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

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

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

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

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

Michael Segal explains the legal aspects of ‘special guardianship’

Which is more important — a pupil’s right to privacy, or the public interest in education?

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

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

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

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

Early Years Update provides a guided tour of the documents in the new EYFS package

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

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

Question: How must a local authority assess the special educational needs of a child in its area? What is the extent of the duty?

Joining forces brings benefit, but there are implications for governance, employment, and leadership, writes Mark Blois

A section 37 report is a measure of last resort, which the judge was anxious to avoid in the case of F (family proceedings: section 37 investigation) [2006] 1FLR 1122, Sumner J – reported by Michael Segal

Headteachers have new powers to screen search pupils for offensive weapons and they can delegate them to staff. Jenni Whitehead looks at recent draft guidance explaining how the new powers will operate

New guidance on behaviour and discipline in schools hit the headlines during Easter 2007 – largely because of its suggestions on the importance of rewarding good behaviour as well as punishing bad

Pupil discipline provisions enshrined in the Education and Inspections Act 2006 came into force in April 2007. Solicitor Dai Durbridge interprets what these measures will mean for work in schools

Does your school have an effective policy on the administration of medication to children? Special needs consultant Patti Turner looks at some of the problems that can arise and the ways to avoid them

The cases presented here aim to help the reader understand better the nature of and the types of decision-making within the court system.

Q: Can an employee who secretly taped a disciplinary hearing use the tape as evidence at a tribunal?

Q – SOMETIMES a child suffers so badly from bullying that parents keep her at home. But is this legally justified?

New rules call for closer cooperation between local authority and school, giving increased protection to children at risk, writes Ingrid Sutherland.

No matter how watertight the contract with parents, schools must implement it correctly and fairly if they want removal of a pupil to be upheld, says Mark Blois.

QUESTION: What considerations should we apply when considering permanent exclusion of a pupil with special educational needs?

Schools should take note of new reporting and training requirements, as well as changes to appeal panel representation rights, says Ingrid Sutherland.

Exclusion is now one of the main ways of dealing with extreme behaviour. Headteacher Suzanne O’Connell examines recent guidance and legislation on the subject.

What should employers do when faced with requests for allowances to be made at work on religious grounds? Helen Badger takes a look at the law.

The government has updated its guidance on exclusion from schools and pupil referral units.

Q: can a parent be prosecuted for not sending a child to school when there is an education supervision order in force?

Legal case notes: Re M (children)(interim care order) [2006] 1 FCR 303, CA.

Legal case notes: Re:G (Children) [2006] 1 FLR 771,CA.

The sentences given out in a number of recent high-profile sexual abuse cases has caused a great deal of debate about the length of sentence and the judgements made by high court judges. Jenni Whitehead discusses the current issues.

Legal case notes: Re: R (Residence: Shared Care: Children’s Views) [2006] 1 FLR 491, CA

Richard Bird, legal consultant to the Association of School and College Leaders (ASCL), looks at the advantages currently enjoyed by schools with foundation status and ponders where they fit into the government’s vision for the future.

Does the law help or hinder those charged with protecting such pupils?

Ingrid Sutherland cuts a path through existing, new and ‘improved’ guidance.

Amelia Wallington looks at the powers available to teachers of pupils with emotional and behavioural difficulties — and says risk assessment is vital.

One of our pupils is in care and has a statement of SEN. Her parents disagree with the statement’s provisions and plan to appeal to the special educational needs and disability tribunal. Which takes precedence, SENDIST or the family court?

The new framework comes into effect this September. It will give schools more freedom — but this comes with tough new duties, says Mark Blois.

Governing bodies in secondary schools in England are continuing to lag behind in ensuring that their schools fulfil their statutory duties, according to the latest Ofsted annual report.

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