The following Local Government practice note Produced in partnership with Christopher McFarland and Nicholas Hancox of Nicholas Hancox Solicitors provides comprehensive and up to date legal information covering:
The main rights that a child has 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
The first one is recognised in statute and the second in common law.
This Convention is something that the UK government seeks to uphold, but it is not directly enforceable by individuals. The UN Convention seeks to provide children with a number of rights, including:
the right to have their views respected
the right to an adequate standard of living, and
the right to an education
Perhaps the most important Human Rights Act 1998 (HRA 1998) rights in education law are:
the right to freedom of thought, conscience and religion
the right to an education (article 2 of the First Protocol), and
the right to a fair trial
The right to an education is, strictly speaking, the right not to be denied the right to education. There are no useful quality criteria against which to measure the availability of this right, so it is very hard to show a breach of this right, unless education is denied to a child completely.
In education law, parents' rights often override those of their children. For example, parents can choose to educate their children in line with
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
The offence of violent disorderViolent disorder can be tried in the magistrates' court or the Crown Court. These offences will normally be dealt with in the Crown Court. However, there may be cases involving minor violence or threats of violence leading to no or minor injury, with few people
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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