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Dealing with incidents of poor behaviour remains a key issue in all types of school and remains a high profile issue nationally. We support schools in dealing with these incidents and provide practical advice on the options available to them to ensure teaching and learning within the school is not adversely affected, as well as protecting the school from complaints or claims. Our lawyers are experienced in supporting schools and fully understand the process and pitfalls surrounding exclusions.
In this edition we will connect you with a comprehensive selection of the very latest in legal updates, news and insight from the education sector.
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Since the Equality Act 2010 (Disability) Regulations 2010 (S.I. 2010/2028) and the leading case of X v The Governing Body of a School (SEN) [2015] UKUT 0007 (AAC) schools have been able to rely on Regulation 4(1)(c) Equality Act 2010 as a defence to any alleged discrimination towards pupils arising out of a decision to exclude.
This FAQ covers the new exclusion statutory guidance (2017) issued by the DfE replacing the 2012 version. This FAQ answers some of the key questions that schools and academies are likely to have on the new guidance.
Following a government consultation earlier this year, the DfE has now published revised statutory guidance on exclusions for maintained schools, academies and pupil referral units in England.
A client adds: 'The firm is a very efficient and effective organisation, and I often hear other colleagues around the country reflecting on the high quality of their work, guidance and support.'
Browne Jacobson LLP provides ‘a responsive and knowledgeable service with a large enough team to cover all key issues’.
A very impressive team with a breadth of expertise in the education sector and, more specifically, special education needs. They are very up to the minute on the latest issues arising within the education sector.
Good, not just with the law, but also empathetic to our aims. They are on the button, prompt and nice to deal with, which is an added bonus.
A deep understanding of the legal framework associated with schools and academies.
Working with a boarding school on a review of their processes following allegations of bullying on religious grounds. Subsequent incidents occurred and we advised the school on potential courses of action, including exclusion and the removal of the boarding place on suitability grounds.
Responding to an urgent request from a Church of England academy which had permanently excluded a pupil for the first time under the new framework and did not have appeal arrangements in place. As the hearing had to take place within a 15 day timescale, we supported the academy to identify and train suitable panel members. We acted as clerk to the panel within the statutory timescale and worked closely with the chair to issue a decision letter.
Representing a mainstream academy in the West Midlands on three linked exclusion decisions arising out of the same incident. We advised and supported the head teacher and represented them at the governing body review meetings as well as representing the school at the Independent Review Panel hearings. We achieved a successful outcome for the academy in all three cases.
Advising on the decision to permanently exclude a looked after child with an SEN statement from a maintained special school. We supported the head teacher at the IRP hearing and successfully defeated claims of disability discrimination which formed part of the appeal against the school. We went on to support the head teacher at the reconvened governing body hearing required as a result of the IRP decision and assisted the governing body in reaching a decision not to reinstate.
Training and establishing a joint pool of panel members between a number of schools in Northamptonshire. We provided a clerking service for IRP hearings requested by parents, arranged the hearing and made all necessary preparations to ensure compliance with the statutory framework. In addition, we worked with the chair of the panel to issue the decision letter.
The Department for Education (DfE) has released new advice on sexual violence and harassment between children.
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A newly published Ofsted report on special educational needs and disability (SEND) inspections has found that an “alarming number” of parents have said that schools have asked them to take their children home as a way of coping with their needs.
The Schools Minister has told the MPs that new guidance will be issued for schools on how to manage incidents of sexual harassment and violence between peers.
A survey by the Times Educational Supplement (TES) across local authorities has shown some dramatic rises in the number of permanent exclusions within their areas.
If you are thinking of academy conversion and becoming an independently managed, publicly funded school then make sure you use leading education sector lawyers to make your academy conversion a smooth and straightforward process.
Quickcall is our fixed fee annual support service provides you with immediate access to specialist advice when you need it most.
Browne Jacobson provides a range of HR Services for schools and academies tailored specifically to the needs of your school.
Whilst schools will be familiar with the traditional governor compliance issues, they may need support.
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