Education Bulletin - March 2019

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In this month's edition:

  • A school’s successful challenge of an Education, Health and Care Plan (‘EHCP’)
  • Banning parents’ access to the school premises
  • Limits on Granting Indemnities for Academy Trusts
  • Transgender / gender reassignment in schools
  • Teacher Misconduct and referrals to the Teacher Regulation Agency
  • Can I remove this pupil from the roll?
  • Brief Alerts March 2019
A school’s successful challenge of an Education, Health and Care Plan (‘EHCP’)

A School successfully challenged the local authority after it transferred an EHCP from a child’s previous local authority, removed provision from the EHCP and named the School in Section I. The case provides an example to schools of when and how it may challenge a local authority.

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Banning parents’ access to the school premises

A school, in line with its safeguarding and employment duties, must deal appropriately with any identified risks to pupils and staff. Occasionally, a school may consider a parent’s behaviour to be such a risk. If so, what is the most appropriate form of action for schools to take? Should they implement a ban from the school premises?

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Limits on Granting Indemnities for Academy Trusts

To ensure staff and pupils have access to the latest opportunities and resources, academy trusts must frequently enter into contracts with third parties. Recent years have seen a growing trend for inclusion of financially unlimited indemnities within contracts. While granting indemnities is a commercial reality of entering into contracts, the Education and Skills Funding Agency (“ESFA”) has taken steps to regulate the extent of indemnities that may be granted.

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Transgender / gender reassignment in schools

We last wrote on this topic almost a year ago when national guidance was expected, but had not yet been published. We are still waiting for this guidance. Meanwhile, schools are grappling with these issues on an increasingly regular basis. Here we give some tips on how to handle common queries.

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Teacher Misconduct and referrals to the Teacher Regulation Agency

Employers of teachers are under a statutory duty to consider referral of cases involving serious professional misconduct to the Teaching Regulation Authority (‘TRA’), with such a referral being appropriate if the (alleged) misconduct is so serious that it warrants a decision on whether the teacher should be prevented from teaching. The Teachers’ Disciplinary (England) Regulations 2012 outlines the framework for disciplining teachers and apply to anyone undertaking teaching work. What are the kinds of offences that should be reported? How should they be reported? And which offences usually result in a prohibition?

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Can I remove this pupil from the roll?

Removing pupils from the school roll has been a frequent issue in the media recently. Unsurprisingly, therefore, we are often asked by schools whether they can lawfully remove a pupil from the roll. The rules are relatively straightforward.

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Brief Alerts March 2019

No-Deal-Brexit Guidance
Recruitment and Retention Strategy
Reinforced autoclaved aerated concrete (RAAC)
Tree Danger
Mild Steel Warning
‘Prevent’ Review
Fraud
Complaints procedures
Support for PFI Academies
FE Clear Cuts
...and Statistics
Teachers’ Pay
Exclusions
‘Upskirting’
Religious Beliefs and Ofsted
Porn Lessons?
Safety Officer
And Finally

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The law and practice referred to in this article has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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