September saw the largest climate change protest in history, with millions of people taking to the streets across the globe and demanding action. Taking part were an estimated 1.4 million school pupils, many of whom have participated in regular ‘school strikes’ over the last year, walking out of school and marching for change.
State Funded Schools
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.
The circumstances in which a school can lawfully take this action are limited and specific and are found in the Education (Pupil Registration) (England) Regulations 2006, regulation 8. Where the child is of compulsory school-age they can be removed from the roll if:
Admission arrangements: Legitimate intentions, unfair arrangements. Are your admission arrangements fair?
As the pressure on school places shows no sign of letting up, admissions arrangements are coming under increasing scrutiny. A recent decision by the Office of the Schools Adjudicator puts the spotlight on overly onerous evidential hurdles and serves as a reminder to admissions authorities that their arrangements must be fair.
Employment and Immigration Law Seminar
Keep up-to-date on relevant developments in the sector. Surinder Kaur Dhillon, our specialist employment lawyer, together with colleagues from ACAS, will deliver the Employment law update session on case law specific to the sector and new developments which have practical impact on the day-to-day operation of schools.
Julie Moktadir, our immigration specialist, looks at the impact of Brexit for employers and what challenges there will be in the short- and longer-term. Julie will also discuss recent changes to Right to Work checks, and how to ensure compliance.
- Date & Location
Wednesday 9 April 2019
Stone King LLP (ihub 4th Floor), Colmore Gate, 2-6 Colmore Row, Birmingham, B3 2QD.
09:30am: Registration and refreshments
09:50am: Welcome and introduction
10:00am - 11:00am: Employment Law Update with Surinder Dhillon
11:00am - 11:15am: Refreshments
11:15am - 12:30pm: Immigration Law Update with Julie Motkadir
This event is free to attend.
A maintained school’s use of its delegated budget has recently been considered by the High Court: which ruled that a school’s former headteacher and two governors (the “Defendants”) had breached a fiduciary duty they owed to a local authority (the “Claimant”) under the School Standards and Framework Act (SSFA) 1998 by issuing payments from the delegated budget improperly. This article explores the case (Brent LBC v Davies and others) and comments on whether the ruling may also apply to MATs.
Anyone remember the Revised Code of 1862?
A minister and his civil servants lay down what children should learn and how they will be tested. If schools do not meet the standard, they will lose their grant. “It will either be efficient or cheap,’ says the minister. The Inspectorate looks and says it is neither. Amanda Spielman’s speech at the Schools North East Summit on 11th October 2018 suggests the reprise of this old motif.
Despite the continued focus on exclusions and exclusion-like activities, some very basic issues can get overlooked. Everyone is now clear that exclusion can only be on disciplinary grounds but is it equally clear that only the head teacher (“HT”) of a school can exclude a pupil and that if the exclusion is made by any other person it risks being challenged on the grounds that it is unlawful? Whilst this may sound easy to observe, the potential for schools to get this wrong is increasing.
The focus on lawful exclusion in schools continues to grow and state schools are recommended to remind their staff that they cannot use disciplinary sanctions in relation to academic performance following the St Olave’s case.
As part of a sequence of reports on education, a highly critical report on the conversion of schools to academies has been published by the Commons Public Accounts Committee. These are the main findings.