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Education

Some of the recent legislation

Education Act 2011
Academies Act 2010
Education Act 2002
Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002
SEN Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
School Standards and Framework Act 1998
Education Act 1996
Disability Discrimination Act 1995 Part IV
Children Act 1989 s. 22(3)

Some of our recent notable cases

R (Sabiri) v Croydon London Borough Council (2012)
Case concerned education related accommodation costs and whether these were covered by Children Act 1989 s.23C(4)(b).
[2012] EWHC 1236 (Admin) 23/4/2012
Stephen Knafler QC & Irena Sabic

R (RO) v East Riding of Yorkshire Council (2011)
Court of Appeal judgment on inter-play between s20 Children Act 1989 and Part IV of the Education Act 1996.
[2011] EWCA Civ 196 2/3/2011. Reported at [2011] 3 All ER 137 and (2011) 14 CCLR 256
Shu Shin Luh

R (on the app. of Birara) v Hounslow Borough Council (2010)
Accommodation for children leaving care. Whether a local authority’s decision to cease to provide a young person previously under its care with support and accommodation once she turned 21 could not stand where, in reaching that conclusion, it had failed to have regard to its own policy to continue to fund education past 21 in exceptional circumstances.
[2010] EWHC 2113 (Admin) 16/7/2010. Reported at (2010) 13 CCLR 685
Adrian Berry

A v Essex County Council (2010)
Failure to provide a severely disabled child with a minimally acceptable standard of education to meet his special educational needs did breach Article 2 Protocol 1 of the ECHR.
[2010] UKSC 33 14/7/2010. Reported at Times, July 15 2010 and [2010] ELR 531
Shu Shin Luh

KC v Newham Borough Council (2010)
Successful appeal against the First-Tier Tribunal’s decision to strike out the Appellant’s appeal against the contents of Parts 2, 3 and 4 of her grandson’s statement of special educational needs. The Upper Tribunal held that there was a live issue to be determined in the appeal, and the FTT had jurisdiction to determine the issue irrespective of the fact that the Appellant’s grandson was over the age of compulsory schooling.
[2010] UKUT 96 31/3/2010
Shu Shin Luh

O v East Riding of Yorkshire County Council (2010)
Whether a local authority is entitled to discharge its duties under the Children Act 1989 when it moves a child from foster care to a residential special school named in the child’s statement pursuant to the Education Act 1996. Permission to appeal (for a second time) has been granted by Elias LJ.
[2010] EWHC 489 (Admin) 11/3/2010. Reported at (2010) ELR 318
Shu Shin Luh

Useful Links

Special Educational Needs and Disability Forms (HM Courts & Tribunals Service)
Special Educational Needs Rules and Legislation
SEN Code of Practice 2001
School Admissions Code and Appeals Code
School Exclusions Guidance
Independent Parental Special Educational Advice (IPSEA) – good collection of downloadable resources on educational assessments and statements.
Advisory Centre for Education (ACE)
National Youth Advocacy Service (NYAS)
Kids Company – charity helping inner city children with educational issues
Centre for Studies on Inclusive Education (CSIE)

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