Nicholas Hancox Solicitors

This Practice Note explains that the quality of highway maintenance required depends on the expected ordinary traffic on the highway in question. It also explains that individuals who sustain injury from danger on a highway can sue the highway authority for negligence and that if the highway authority can prove it took reasonable care it has a statutory defence under the Highways Act 1980. It also notes that at common law, the duty is to keep the highway in reasonable condition, not improve it. The authority must conduct routine inspections of the highway surface and have a system for incoming reports of damage, but the duty to keep the highway in repair does not extend to the damage done by extraordinary traffic.

This Practice Note explains that an academy or free school has an element of free choice in the curriculum. Although the National Curriculum does not apply to academies or free schools, although the Model Funding Agreement reintroduces the gist of it in relation to religion, sex and relationships. As academies and free schools are independent schools, their curricula must comply with the standards set out in the Education (Independent School Standards) Regulations 2014, SI 2014/3283.

This Practice Note provides an overview of requirements that maintained schools must meet under the School Standards and Framework Act 1998 and the Education Acts 1996 and 2002 relating to collective worship, religious education and sex education, noting that parents may be able to withdraw their children from any of the former.