Elizabeth Fortin
Senior Associate
Elizabeth is an Senior Associate in the firm’s Education Team and the Information Law Team. With over 25 years’ experience in a range of professional roles, she is recognised as a “Key Lawyer” in Education by the Legal 500.
Elizabeth specialises in advising mainstream and special schools and academies (SATs and MATs) in operational matters concerning their pupils. She advises on all aspects of education law, including admissions, exclusions, safeguarding, data protection and parental complaints.
She is passionate about supporting schools and academies with matters relating to:
- the Equality Act, including all aspects relating to protected characteristics;
- The Children and Families Act, including all aspects relating to SEN and EHC processes (including LA obligations).
Elizabeth frequently advises clients on hearings in the First Tier Tribunal (Special Educational Needs and Disability) and in responding (at the pre-action stage) to judicial review claims, with clients being successful in a significant majority of cases.
Particular highlights include: applications to strike out disability discrimination claims upheld by the Tribunal; claimants withdrawing claims before they have gone to court or Tribunal; and supporting a MAT in its successful complaint against the Department for Education under the FOI regime (which was then upheld by the Tribunal).
Professional Experience
Elizabeth advises on a range of operational issues for schools, including:
- Equality Act (e.g. disability and transgender);
- SEN and school/LA obligations towards pupils with EHC plans;
- exclusions (preparing governors for reviews of exclusions and schools for Independent Review Panels);
- Parental complaints; and
- Safeguarding.
Elizabeth has also received a BCS Foundation Certificate in Data Protection and frequently advises schools on their legal obligations in relation to SARs and FOI requests.
She has delivered training to local governing bodies and trustees.
Expertise Area 1
Equality Act and SEN.
Expertise Area 2
Information Law (Data Protection/FOI).
Academic Experience
PhD, MSc, MA (Distinction), MA (Oxon).
Interests
Elizabeth is a Safeguarding Governor of a Junior School and when she has any free time she enjoys (gentle) trail running and gardening.
Case studies / Accomplishments
Elizabeth has recently successfully prevented judicial review proceedings being issued against a MAT in in relation to a student’s Centre Assessed Grades (“CAGs”) for A-level. While the student was not a current student at the academy, the academy had agreed that he could sit his A-levels at the Academy, and subsequently drew upon a range of evidence in awarding his CAGs. Whether the evidence that the school relied upon was sufficient was in dispute.
Elizabeth has provided extensive advice to another Trust in relation to local authorities’ ongoing obligations to its students with Education Health and Care Plans (“EHCPs”), the suitability of the placement of students at the academy and the ongoing provision for students whose EHCPs had been amended on review. Following correspondence with two LAs, the Trust school has seen LA EHCP referrals reduce by more than half, from over 60.
Elizabeth has advised one MAT in relation to three disability discrimination claims under the Equality Act 2010 brought in the First-tier Tribunal (Special Educational Needs and Disability). These related to sanctions imposed on students for behaviour which breached the academies’ Behaviour Policies. All claims were successfully defended.
Latest Literature
e-Bulletins •
11/06/2024
e-Bulletins •
11/06/2024
What our clients say
'Elizabeth Fortin was an extremely safe pair of hands and we felt well held during the process. There was much work to do but Elizabeth guided us through forensically, so we knew exactly what was needed. In addition Elizabeth listened well to what the situation was and the considerable impact it had had on staff, as well as understanding there was a job to do in getting the facts down ready for tribunal. This combination of 'academic' and pastoral support was vital.'
Legal 500 Feedback 2025
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