Sinclairs Law

This Practice Note mentions that children are often injured at school without any fault on the part of any person, and goes on to discuss case law illustrating the factors that may distinguish a successful claim against a school or its owners from an unsuccessful claim. These factors are a duty of care, vicarious liability, contributory negligence, foreseeable consequences, causation and proximity, the age, disposition and mental capacity of the child, the level of supervision expected in a school, and the extent to which the child was at the material time under the care or control of the school.

This Practice Note explains that the main rights of a child in school are the right to an education and the right to receive the level of care and protection which a reasonable parent would give, and that these rights are recognised in statute and common law respectively. It discusses relevant provisions in the UN Convention on the Rights of the Child 1989 and the Human Rights Act 1998, as well as a number of related issues including the right to change a child’s name, free school meals and the provision of uniform and other clothing, and summarises the case law on taking photographs of children at school.

This Practice Note outlines the basic funding arrangements of an academy school, highlighting who is responsible for the day-to-day running of the academy and the maintenance of the grounds and buildings. The need for a land transfer arises as an academy will often utilise premises that have been vacated by a previous state-funded school. It explains the process and the issues that arise during the transfer of land from a community school, a voluntary aided school, a voluntary combined school and a foundation school to an academy. This Practice Note applies only in England; there are no academies in Wales.

This Practice Note considers the competences of certain devolved parliaments in the UK. The UK devolution statutes contain schedules setting out the extent of legislative competence of devolved parliaments, as well as matters that continue to be reserved to, or dealt with by the Westminster Parliament. This Practice Note includes a table outlining the level of competence for the Scottish Parliament and Senedd Cymru.

This Practice Note provides a summary of school admissions appeals covering the legislative framework in both England and Wales. It also covers the appeals process including the two stages and the infant class size process. It also covers who can sit on appeal panels, and how the appeal hearings are convened and conducted together with further remedies available if unsuccessful.

This Practice Note summarises what constitutes compulsory school age. It explains that under the Education Act 1996, a child of compulsory school age must either be registered at a school or be suitably educated otherwise than at school. It also covers school attendance orders; and that it is a criminal offence for a parent to fail to comply with a school attendance order. It notes that police officers and community support officers are authorised to carry out truancy sweeps.

This Practice Note explains that the ownership of school land and premises depends mainly on the type of school in question, and discusses ownership in relation to community schools, voluntary schools, foundation schools, academies and free schools. It discusses renewed interest in the School Sites Act 1841, under which landowners were encouraged to donate sites for local schools on the basis that, if a school ever closed, the land would revert back to the donor. It also discusses provision for schools to be used for community purposes such as elections.

This Practice Note explains that every English local authority must develop for approval a school travel scheme under the Education Act 1996, s 508E for children of compulsory school age, and that unless and until an approved school travel scheme has been implemented, the local authority must provide other travel arrangements for every eligible child. Each school travel scheme must include a policy on charging the parents (or their children) for home-to-school travel, although protected children must travel free of charge. It also discusses case law relating to school transport, and legislation on out-of-school trips.

This Q&A raises separate but related questions as to whether a university (or higher education institution) or further educational colleges fall within the definition of a public authority established by HRA 1998, s 6.

This Q&A considers the legal status of a management committee under the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007, SI 2007/2978 and whether they can enter into contract.

This Q&A outlines the considerations when determining whether a need and provision is educational or health related and deals with the difference in the relevant law between England and Wales.