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Last week, the Equality Act passed into law, removing the exemption for schools in relation to the provision of auxiliary aids and services for pupils with a disability. Since 2001, schools have been under a duty to provide reasonable adjustments for pupils with a disability. However, until now schools were not obliged to take reasonable steps to provide extra resources, such as equipment or teaching assistants, which were expected to be provided by local authorities through the statementing regime.
The new duty on schools is certain to impact on their budgets. However, it is unclear what rights of redress schools will have, if any, against local authorities that unreasonably fail to specify auxiliary aids and services in Statements, leaving schools potentially to pick up the tab from what might arguably be inadequate delegated funds. The removal of the exemption for schools means there are interesting times ahead for lawyers and education professionals alike.
The recent case of R (on the application of A Parent) v Governing Body of XYZ School [2022] EWHC 1146 (Admin) provides some welcome and reassuring guidance to governing boards on the exclusion reconsideration process.
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With 19 HR experts now supporting over 500 schools and trusts across the country, in this edition of 60 seconds we sit down with Emma Hughes, who leads the team, to discuss what this significant milestone means to her.
In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
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