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PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 10 January 2023; it is no longer maintained. See further: timeline. Case facts Outline Chapter II investigation into whether ESS abused its dominant position in the supply of management information systems software by moving customers from one year contracts to three year contracts without giving them adequate opportunity to avoid the change and/or via the pricing of certain software packages in a way that restricts competition. Latest developments On 10 January 2023, the CMA issued its decision to accept the commitments proposed by ESS (as set out below). Parties • Education Software Solutions Limited (ESS): ESS is the largest provider of school management information system (MIS) software in England and Wales. Market(s) The supply of school management information system (MIS) software in England and Wales. In the UK, most state schools are required to have
NEWS
The Education Committee and the Health and Social Care Committee have jointly launched a survey and announced the first evidence session for their inquiry into children and young people's mental health. Targeting young adults, parents and carers, the online survey seeks to gather evidence on care pathways across schools, universities, NHS services and youth clubs, including how effective those pathways were for individuals. It also addresses matters such as communication with service users, waiting times and cultural sensitivity. The first evidence session will explore the causes of growing demand for mental health services. MPs are also expected to examine concerns about access to services, amid reports that thresholds for receiving care are too high. The inquiry may also examine the possible regulation of social media and the impact of extended screen time. The survey closes on 28 June 2026.
NEWS
The Education Committee and the Health and Social Care Committee have launched a joint inquiry into the mental health support available to children and young people up to the age of 25. The inquiry will examine provision across community, health and education settings, including integration with NHS services such as specialist Child and Adolescent Mental Health Services (CAMHS). It will also assess support within the education system, including provision for children with special educational needs and disabilities. Written evidence can be submitted until 27 March 2026.
NEWS
The Education and Skills Funding Agency (ESFA) has published a guidance detailing pupil premium allocations and grant conditions for the 2025-2026 financial year. The initial allocations exclude looked-after children, service children and alternative provision pupils due to data protection requirements. Further updates including pupil referral units and alternative provision academies will follow in June 2025.
NEWS
The Education and Skills Funding Agency (ESFA) has updated college accounts for academic year 2022 to 2023 data to include further providers.
NEWS
The Education and Skills Funding Agency has published updated guidance documentation for 16-19 funding arrangements covering the 2025-2026 academic year. The comprehensive update encompasses multiple funding streams including programme cost weighting, English and maths funding, large programme uplift, advanced maths premium, and T Level funding. The guidance is designed to provide detailed information for schools, colleges, local authorities and independent learning providers on the implementation and administration of 16-19 funding. This forms part of the annual funding information cycle, providing essential updates for educational institutions to plan their financial arrangements for the upcoming academic year.
NEWS
The House of Commons Education and Work and Pensions Committees have launched a joint inquiry into the government’s Child Poverty Strategy, examining its ambition, potential impact and delivery, and will also assess whether the measures proposed are effective in reducing child poverty across the UK. The Committees note that one in three children in the UK, around 4.5 million, are living below the poverty line. Government estimates suggest that removing the two-child benefit limit from April could lift around 450,000 children out of poverty by 2029, contributing to a total estimate of 550,000 children being raised above the poverty line through the Strategy’s combined measures, although around four million children are still expected to remain in hardship. The Strategy includes boosting family incomes, reducing costs and strengthening local support, including expanded access to free school meals, extended funded childcare entitlements and investment in Family Hubs. The Committees are inviting written evidence until 6 March 2026.
NEWS
Local Government analysis: This case considers the systematic failures within the local authority (LA) in respect of the EHC plan process. Failures which are systematic not only in respect of Hertfordshire County Council, but, in many LAs across the country. Parents and legal representatives alike have experienced and witnessed these failures and it is encouraging to see them highlighted in this judgment. It was found in this case that the decision on whether an EHC needs assessment should be granted following application by parent was not detailed with the required reasoning applied to the facts of the child’s application. Instead, a generic response was given and when the case was appealed to the First-tier Tribunal, the LA conceded, again, not providing reasoning as to why. It was found that in 2021/22, after appeals to the FTT, this LA accepted that it had made an erroneous decision in 86% of cases. Following the EHC needs assessment the LA acted unlawfully in failing to complete the finalised EHC plan within the statutory period. Written by Guv Samra, senior associate at Shoosmiths LLP.
PRACTICE NOTES
This Practice Note sets out steps that may be taken where there are concerns that a child is not being properly educated, for example where there is truancy, and action is required by way of an education supervision order. It considers the criteria that must be met, the effect and length of an order and non-compliance and discharge of the order. Where there are concerns that a child is not being properly educated as part of a wider picture of a child who is more generally suffering (or at risk of suffering) significant harm attributable to a lack of reasonable parental care, or that the child is beyond parental control, it is open to the local authority to commence care proceedings under section 31 of the Children Act 1989 (ChA 1989). If the child is not attending school, and is living at home, the court may potentially conclude that the child is either beyond parental control or not receiving adequate parental care. See Practice Notes: Public children—principle of significant harm and Welfare principle in public law proceedings. However,
PRACTICE NOTES
This Lexis+® UK Local Government Education tracker contains a record of news, consultations, legislations and developments covering the entire spectrum of education from early years foundation stage (EFYS) to further and higher education. See previous archived trackers: • Education tracker 2025 [Archived] • Education tracker 2024 [Archived] • Education tracker 2023 [Archived] • Education tracker 2022 [Archived] • Education tracker 2021 [Archived] • Education tracker 2020 [Archived] • Education tracker 2019 [Archived] • Education tracker 2018 [Archived] • Education tracker 2017 [Archived] • Education tracker 2016 [Archived] For ease of reference, the tracker has been divided into the following sections: • Legislation • Bills: passage through parliament • Guidance, consultations and developments of interest • Cases Legislation Further and Higher Education What's happening? When? Find out more Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026, SI 2026/857 1 September 2026 These Regulations are made to amend the Education (Student Loans) (Repayment) Regulations 2009, SI 2009/470 to facilitate the introduction of the plan 5 Lifelong Learning Entitlement (LLE) loan paid under the Lifelong Learning (Student Support)
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Education tracker 2016 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker from 2016 which are no longer current. For archived content relating to 2017 please see: Education tracker 2017 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What happened? When? Find out more Education (Designated Institutions) (England) (No 3) Order 2016, SI 2016/869 30 September 2016 What's changing? Certain higher education institutions are designated as eligible to receive support from certain funds. The changes come into force on 30 September 2016.The changes are made under section 129 of the Education Reform Act 1988.Read the official version of this legislation. Ada National College for Digital Skills (Incorporation) Order 2016, SI 2016/764 8 August 2016 Ada National College for Digital Skills established A
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Lexis+® UK Local Government Education tracker 2017 [Archived] contains a historical record of current awareness, consultations, legislations and developments tracked by the Education tracker from 2017 which have ceased to be current, the period for consultation has ended or legislation that has now come into force. Secondary legislation is archived two months after it is in force. Cases and primary legislation are archived 12 months after coming into force or after judgment is handed down. Developments from 2016 are available in the Education tracker 2016 [Archived]. For ease of reference, the tracker has been divided into the following sections: • Legislation and statutory guidance • Bills: passage through parliament • Consultations and developments of interest • Cases Legislation and statutory guidance Further and Higher Education What happened? When? Find out more Education (Recognised Awards) (Richmond The American International University in London) Order 2017, SI 2017/1185 31 December 2017 SI to designate awards granted by Richmond, the American International University in London Enabling regulations