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Legal framework

May 4, 2012 //  by Admin

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

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 read more

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

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

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 Jenni Whitehead looks at recent draft guidance explaining how the new powers will operate read more

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 read more

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

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

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

This article explores the legal responsibilities of educational authorities towards a child who misses school due to bullying

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

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

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

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

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. read more

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

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

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

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

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

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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.

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

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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.

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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? read more

When dealing with pupils with challenging behaviour and emotional difficulties, risk assessment is vital says Amelia Wallington

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

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

Michael Segal looks at the complicated issue of a parents right to insist on corporal punishment for their children, in line with religous freedom

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

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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. read more

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 read more

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