Refine By
Clear all filter
About 92804 results for "*"
NEWS
Local Government analysis: Leave for judicial review against the decision of an Independent Appeals Panel was sought by a school governing body on the basis of a decision letter notifying it of a successful appeal to the panel by a parent. The claimant, the Leighton School Governing Body challenged the panel’s decision upholding the parent’s appeal concerning its refusal to grant a place for a Year five pupil at the claimant’s school on the basis that the letter and record of the hearing did not comply with mandatory requirements governing such appeals under the Schools Appeal Code. Granting leave, the Administrative Court noted recording and notifying of decisions were among crucial criteria required under the Schools Appeals Code established by the School Standards and Framework Act 1998 (SSFA 1998). Written by Alan Murdie, barrister and chairman of Nucleus Legal Advice.
PRACTICE NOTES
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 (SSA 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. Ownership of school land and premises The ownership of school sites and playgrounds, school buildings and school playing fields depends for the most part on the type of school in question. Community schools The land and premises at ‘community’ schools belong to the local authority (ie the county council, borough council or unitary authority) for the area in which the school is located, as do the land and premises at maintained nursery schools and community special schools. The local authority
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. As with many aspects of education law, the law on school meals is now different in England from that in Wales. Food and drink provided to pupils in schools in England Local authorities in England may provide milk, meals and other refreshments to registered pupils and others being educated at maintained schools and to children receiving ‘relevant Early Years education’. This power extends to the provision of lunches at academies, free schools and at independent schools. This catering may be provided either on school premises or elsewhere where education is being provided and the local authorities must provide at maintained schools facilities for the consumption of food and drink brought to school by pupils. Catering in academy schools and at free schools is not regulated by statute, but these schools’ funding agreement with the Department for Education (DfE) or Education Funding Agency (EFA) may well contain similar obligations. The power to provide school lunches becomes a duty, either if that service is requested
NEWS
The High Court has refused to extend the concept of a non-delegable duty of care and have upheld a school's application to strike out a claim asserting that they were liable for the negligence of an independent contractor who was the life guard for a class swimming lesson.
GLOSSARY
A term of art covering the legal processes for the proposing, approval and opening of new state schools and the alteration and closing of existing state schools.
NEWS
Public Law analysis: The Administrative Court rejected a Muslim pupil’s judicial review challenging the policy of a school, with a strong secular ethos, which banned pupils from performing a prayer ritual on the school’s premises. Mr Justice Linden’s judgment includes a comprehensive analysis of the significance of various facts in the particular case, the relevant caselaw on the manifestation of religion or belief, and the arguments which were raised concerning Article 9 of the European Convention on Human Rights, indirect discrimination contrary to section 85 of the Equality Act 2010 (EqA 2010), and the public sector equality duty under EqA 2010, s 149. Written by Harini Iyengar, barrister at 11KBW.
NEWS
Luton magistrates’ court has found Rabia Girls’ and Boys’ School to be in breach of its operating conditions imposed by the Secretary of State, prohibiting the admission of more students on 27 May 2020. Ofsted were instructed by the Department for Education to prepare a case which was submitted to the Crown Prosecution Service following a progress monitoring inspection in September 2019 which revealed evidence that the school was admitting pupils despite the prohibition. The trust running the school has been fined £8,000 and the Trust’s Chair, Zafar Iqbal Khan has been fined a further £4,000.
NEWS
Local Government analysis: A claim under the Commons Registration Act 1965 (CRA 1965) for an amendment of the commons register was such that a local authority was unable to appear on the court record as two separate defendants as a commons registration authority and a landowner. The claim by an academy school, Cotham, for an entry on the commons register to be reversed by CRA 1965, s 14 was not an Aarhus Convention claim for the purpose of costs protection as although the school was acting as a member of the public to protect proprietary rights it was not a ‘review under statute’. Written by Tim Baldwin, barrister, Garden Court Chambers.
PRACTICE NOTES
Home-to-school transport (early years) in England Local authorities in England may provide home-to-school transport for children in non-school early years settings and may charge for that transport. Home-to-school transport (compulsory school age) in England Travel arrangements for eligible children Unless and until it has implemented an approved school travel scheme, which won't happen now; see below, a local authority in England must provide such travel arrangements as it considers necessary to get every eligible child of compulsory school age to their relevant educational establishment and back home again (but this does not need to be 'door-to-door' according to R (M&W) v Hounslow). Travel arrangements for an eligible child must be free of charge and must not require the participants to incur extra costs. The DfE issued guidance, including a model appeal process that it is recommended to be used within LAs to try to resolve disputes over pupils’ eligibility for home-to-school transport. LAs are reminded to follow the policy published or risk facing censure by the
GLOSSARY
A group of people who represent all the maintained schools in the area of a particular local authority.
NEWS
MLex: Meta Platforms' proposal to reduce the price of its Facebook and Instagram services to €6 per month, from €10, is not enough to satisfy criticisms about the standard for consent, a key complainant has argued.
NEWS
Schroders and the Pensions Management Institute have introduced a series of proposals as part of their Lifetime Savings Initiative (LSI) to enhance financial resilience and improve pension outcomes in the UK. The LSI's research found that most peoples finances are affected by challenges such as saving for a 'rainy day', homeownership, and inadequate retirement savings. The LSI recommends the creation of National Short-Term Savings Plan (NSSP) alongside a National Lifetime Savings Plan (NLSP).