The following Local Government guidance 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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.