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Welcome to August's newsletter
Welcome to 海角破解版鈥檚 Education Law Team Newsletter.
You will find in this edition the
recording of our webinar on the
new school exclusions, suspensions and pupil movement guidance, published by the Department for Education on 13 July 2022.
We are delighted to announce important
海角破解版 wins in the Supreme Court (Part-time music teacher wins landmark case on calculating holiday pay for 鈥榩art-year鈥� workers)
and in the Upper Tribunal (Upper Tribunal confirms appeals can be brought against review decisions of the SEN Tribunal for Wales; Upper Tribunal endorses a holistic approach to section 9 of the Education Act 1996 (parental
preference on school placement).听
Case law analysis is provided by:
(1) Jim Hirschmann who听补苍补濒测蝉别蝉听PM v Worcestershire County Council听[2022] UKUT 53 (ACC) -听a case in which the Tribunal (1) clarifies the approach to be taken to pre-funded places
attracting element 1 and 2 funding from ESFA (2) suggests that new, contradicting evidence may justify an application to set听aside a FTT decision; and (3) indicates that a former failure by an education provider to provide EHCP provision may render such a
provider unsuitable.
(2) and Naomi Webber who听reviews the Northern Ireland High Court's decision on the challenge to teaching arrangements for Religious Education and Collective
Worship in Controlled Primary Schools听In the matter of an application by JR87 (by her mother and next friend) and her father ("G") for judicial review" - reference number "COL11833.
(3) and Katherine Anderson who considers
DB v Academy Transformation Trust (SEND)听[2022] UKUT 66 (AAC) in which the Upper Tribunal held that the First-Tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a
disability discrimination claim.
Finally in our round up for the year to date, a piece on our team's involvement for Ofsted in the Independent Inquiry into Child Sexual Abuse.听
View our video on the - new听school exclusions guidance - in our analysis section below
Part-time music teacher wins landmark case on calculating holiday pay for 鈥榩art-year鈥� workers
海角破解版 barristers ,
and
saw earlier this month a landmark judgment in favour of their music teacher client Mrs Lesley Brazel
by the UK Supreme Court.
The UK's highest court confirmed the rights of part-year and zero hours contract workers to the full 5.6 weeks' statutory paid holiday provided for under
the Working Time Regulations 1998 and rejected the argument of the school that the entitlement of such workers should be reduced on a pro-rata basis.
Upper Tribunal confirms appeals can be brought against review decisions of the SEN Tribunal for Wales
海角破解版 education and public law barrister has succeeded in听AB v Newport City Council
[2022] UKUT 190 (AAC), an important Upper Tribunal appeal in which the tribunal has confirmed that appeals can be brought against review decisions of the Special Educational Needs Tribunal for Wales.
Upper Tribunal endorses a holistic approach to section 9 of the Education Act 1996 (parental preference on school placement)
The Upper Tribunal published earlier in May an important decision on EHC Plans in听,听affirming the correct approach to section 9 of the Education Act 1996. The attempt by the London Borough of Croydon, on appeal, to narrow section 9 to consideration of听educational benefits alone
was rejected, and a holistic approach to the s9 balancing act was endorsed.
, of 海角破解版鈥檚 Education Team, represented the Respondent in
this appeal, the parent, having already succeeded on their behalf at first instance.
海角破解版 acts for Ofsted in the Independent Inquiry into Child Sexual Abuse
In the latest strand of this ground-breaking investigation into the school sector by IICSA, 海角破解版 education and public law expert听听acted as Junior Counsel for Ofsted, led by Sarah Hannett QC.听,听海角破解版 public
law and regulatory law expert, acted as disclosure counsel for Ofsted.
NEW! Video on the听new school exclusions guidance
and
hosted a webinar on the new school exclusions, suspensions and pupil movement guidance, published
by the Department for Education on 13 July 2022.
to view the recording of our barristers' webinar.
The approach to pre-funded places attracting element 1 and 2 funding from ESFA听听
听补苍补濒测蝉别蝉听PM v Worcestershire County Council听[2022]
UKUT 53 (ACC), a case in which the Tribunal (1) clarifies the approach to be taken to pre-funded places attracting element 1 and 2 funding from ESFA (2) suggests that new, contradicting evidence may justify an application to set aside a FTT decision;
and (3) indicates that a former failure by an education provider to provide EHCP provision may render such a provider unsuitable.
Objective, critical and pluralist: the secular law鈥檚 requirements for a religious education
听reviews the Northern Ireland High Court's decision on the
challenge to teaching arrangements for Religious Education and Collective Worship in Controlled Primary Schools.
The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirms听听
听considers
DB v Academy Transformation Trust (SEND)听[2022] UKUT 66 (AAC) in which the Upper Tribunal held that the First-Tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a
disability discrimination claim and considered First-tier and Upper Tribunal powers to regulate procedures or decisions outwith their own procedures.
Meet the team
海角破解版鈥檚听education law team represents parents, pupils, schools and their听governing bodies (both from the听maintained and the independent sectors), academies, universities and colleges, NGOs including charities, students,
teaching and academic staff and local authorities in education law. Barristers also specialise in other complementary areas of law, notably public law, personal injury, human rights, employment and discrimination and听misconduct and compliance.
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