Welcome to September's newsletter
Welcome to the second edition of the 3PB Education Team’s newsletter. The past few months have been packed full with news and changes for the sector, with some of the most interesting changes for years, both from a political and legal perspective.
This quarter’s newsletter is hence packed full of 3PB news and offers great substantive articles, Case law analysis and a round up of our advice following the exams results.
Ask us a question
Thanks for reading - we hope that it's interesting and informative. Please don't hesitate to contact this month's writers, or any of our friendly and approachable team, if you need assistance with anything education-related.
3PB cautiously reopens offices
From 2 September, 3PB has cautiously re-opened our six offices with Covid-safe arrangements. We continue to prefer to take instructions electronically and to maintain much of our usual work using technology. We are completely able to operate remotely, and to access video and other links used by the courts. Many of our staff and counsel will continue to be principally working from home and are available on the usual numbers and email addresses.
New: Coronavirus legal updates and tips for solicitors
Visit our new resource centre for all Covid-19 related articles, briefings and webinar recordings about lockdown laws and regulations as well as guidance on practical issues like video hearings.
Emma Waldron interviewed on 2020 exams fiasco
Emma Waldron, was interviewed for the UK's No. 1 legal consumer podcast "Get Legally Speaking" about the legal landscape and what the future may hold for unhappy students.
Matthew Wyard appointed as Chair of the Valuation Tribunal for England
Public law barrister Matthew Wyard has been appointed as a Chair of the Valuation Tribunal for England. Matthew will sit in the Valuation Tribunal for England hearing appeals against decisions of the Valuation Office in respect of both council tax bandings and business rates.
Hannah Bush appointed as First Tier Tribunal Judge and Deputy District Judge
Family barrister Hannah Bush has been appointed a Deputy District Judge on the Midlands circuit and a part-time First Tier Tribunal judge. Hannah will sit in the Health, Education and Social Care Chamber and will hear appeals concerned with Special Educational Needs and Disability.
Exam results guidance and resources
In the midst of the A Level and GCSE exam results, Alice de Coverley and Matthew Wyard published guidance and resources to help students and schools navigate through this difficult time.
SEND provision beyond 24 September 2020 - a brewing storm?
Caroline Stone examines the forthcoming changes to the SEND Regulations 2014.
Flaws in the draft Curriculum and Assessment (Wales) Bill
3PB’s specialist public law barrister Matthew Wyard has reviewed the draft Curriculum and Assessment (Wales) bill, introduced to the Senedd on 6 July 2020 without prior public consultation.
Legislating in the time of Corona
Caroline Stone examines the Administrative Court’s recent decision in R (Amber Shaw (a child, by her mother and litigation friend Deanne Shaw) and ABC (a child, by his mother and litigation friend XYZ) in which two disabled children with EHC plans challenged decisions made by the Secretary of State for Education regarding SEND provision during the height of the pandemic.
Council wins Judicial Review challenge to academy order
Katherine Anderson reviews Somerset County Council v Secretary of State for Education [2020] EWHC 1675 (Admin).
“Low arousal” environments examined by the Upper Tribunal
Emma Waldron reviews JI and SP v Hertfordshire County Council (SEN), in which the Upper Tribunal examined whether sufficient reasons had been given by the First Tier Tribunal for rejecting expert evidence and for finding that a school could provide a “low arousal environment”.
Disability Discrimination in the Employment Tribunal: lessons for education lawyers
Sarah Bowen and Naomi Webber consider two recent appellate decisions (Khorochilova v Euro Rep Limited UKEAT/0266/19/DA and Robinson v DWP [2020] EWCA Civ 859) in respect of the provisions of the Equality Act 2010 (EqA) in relation to the protected characteristic of disability. Whilst the facts of the cases relate to the employment sector, the same definition of disability applies in the context of education. Accordingly, their principles are directly relevant and applicable to disability discrimination claims in education.
Meet the team
3PB’s education law team represents parents, pupils, schools and their governing bodies (both from the maintained and the independent sectors), academies, universities and colleges, NGOs including charities, students, teaching and academic staff and local authorities in education law. Barristers also specialise in other complementary areas of law, notably public law, personal injury, human rights, employment and discrimination and misconduct and compliance.