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Be connected: Schools and academy trusts, December 2025

27 November 2025

Welcome to Be connected for schools and academy trusts. This edition brings you the latest legal updates, sector insights and expert guidance from our team of education lawyers and HR consultants. 

New policy and sector developments

Budget 2025: What’s ahead for education funding? 

School leaders face mounting financial pressures, with 85% reporting negative prospects. Key areas include SEND funding gaps, national insurance cost pressures and infrastructure investment. Will the Chancellor deliver meaningful support?

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SEND and pupils absent due to health needs: What you need to know 

Schools face growing questions about pupils unable to attend due to SEND or health needs. Understanding when the 15-day rule triggers local authority duties, how this applies to pupils with anxiety or EHCPs, and what safeguarding responsibilities remain when pupils are off-roll protect both students and your institution. 

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Legal and regulatory developments

Government ministers suggest cutting assistant headteacher roles to fund teacher pay rises, but schools must tread carefully. Restructuring carries real risks around age discrimination, workload pressures and procedural fairness. Find out how you can avoid costly mistakes and potential tribunal claims. 

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Stay up to date on employment rights  

The Employment Rights Bill represents the most significant overhaul of UK employment law in a generation, with profound implications for universities already navigating funding pressures and restructuring challenges.  

From day-one unfair dismissal rights and restrictions on zero-hours contracts to enhanced protections around fire-and-rehire practices, these reforms will fundamentally reshape workforce management across the sector. Discover how to prepare your institution and keep up to date with developments. 

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Case law

Court of Appeal rules on exclusions once again 

The Court of Appeal delivered its third exclusion decision this year at the end of October. This marks unprecedented activity in exclusion case law – no other Court of Appeal exclusion cases have emerged since the law changed in 2011.  

In R (on the application of SAG) v the Governing Body of Winchmore School, a 14-year-old pupil faced permanent exclusion after entering a teacher’s hotel room without permission during a school skiing trip. She retrieved her confiscated mobile phone and then lied about the incident. The governing body initially upheld the exclusion but it was later quashed by an Independent Review Panel (IRP). 

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When does sexual harassment by an employee take place in the course of employment? 

The AB v Grafters case confirms that employer liability for sexual harassment extends well beyond your school gates. Work-related travel, social events and off-site activities all fall within scope. With harassment calls to ACAS up 39% since new prevention duties came in, reviewing policies and strengthening reporting mechanisms is now critical. 

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Guidance on shifting the burden of proof in discrimination claims 

Leicester City Council v Parmar offers crucial lessons for HR teams handling disciplinary matters. The Court of Appeal confirmed that inconsistent treatment of similar cases, combined with poor document retention during investigations, can shift the burden of proof to employers in discrimination claims. Consistency and thorough record-keeping are your best defence. 

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Support and guidance

New support to manage SEND processes and provision 

Managing SEND provision in schools has never been more challenging, with rising EHCP numbers and limited resources. Our SEND support pack offers ready-to-use templates, guidance notes and tribunal resources to help you efficiently meet your obligations.

For those seeking deeper expertise, our new six-month CPD course equips headteachers and SENDCOs with practical legal knowledge, covering everything from the SEND framework to tribunal preparation.  

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New guidance published on multi-academy trust mergers 

Recent high-profile MAT mergers are creating education powerhouses – and it’s the sector itself driving this growth, not government pressure. Our latest sector guidance with the National Governance Association (NGA) entitled ‘MAT mergers: A guide for trust leaders and trustees’ reveals the strategic thinking behind these transformative deals. 

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Data (Use and Access) Act 2025 training 

The new Data (Use and Access) Act affects how schools and trusts should manage their data protection responsibilities. We’ve designed this interactive online course to equip your Data Protection Officer with the knowledge and practical skills to navigate these new requirements. 

As our first cohort hit maximum capacity, we’re now offering a second cohort in January 2026, available to book now. 

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From school election defeat to AI leadership

AI expert and bestselling author Paul Estes recently spoke to #EdInfluence podcast host Nick MacKenzie, tracing a line from a high school election loss to leading teams at Dell, Amazon and Microsoft.  

In our latest EdInfluence podcast and blog, we explore why AI projects fail at the last mile, the three pillars of innovation success, and why hands-on experimentation beats watching YouTube videos. 

Listen now and subscribe via your preferred podcast channel

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Events

Staff absence in schools: Practical guidance for employment tribunal success 

4 December 2025, 10am - 11am, online

Managing staff absence effectively is a challenge faced within every school and academy trust and the risks of getting it wrong can be significant. Our expert team will share their knowledge and experience through practical case studies to help you understand and avoid common pitfalls when managing sickness absence, covering effective strategies and practical tips for building your employment tribunal defence. 

Register now

The Employment Rights Bill: An overview for employers 

9 December 2025, 12pm - 1pm, online

Join our expert employment lawyers for essential insight into what’s changing, when it takes effect and the practical steps you can take now to prepare with confidence. We’ll guide you through the Bill’s key provisions while delivering practical takeaways you can act on immediately. 

Register now

Shared insights: Managing children with complex needs in crisis 

9 December 2025, 9.30am - 10.30am, online

This session will provide delegates with an understanding of the legal frameworks and best practice when managing children with complex mental health and behavioural needs who are in crisis. Delegates will learn from real world experience and case studies to illustrate how these legal frameworks should be applied in complex cases involving children in mental and behavioural health crisis.

Register now

School complaints and parental behaviour support showcase

29 January 2026, 10am - 11am, online

School and trust leaders face increasing pressure from complex complaints and challenging parent interactions. This showcase offers an opportunity to learn from specialist education lawyers who understand the education sector.  

Register now

Data (Use and Access) Act 2025: What schools and academy trusts need to know 

On-demand

After a lengthy legislative journey, the Data (Use and Access) Act 2025 has finally made it onto statute books, making important changes that will impact schools and academy trusts. In this webinar, our expert team talk you through the changes and set out what you need to do now.

Watch now

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Nick MacKenzie

Partner

nick.mackenzie@brownejacobson.com

+44 (0)121 237 4564

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