May 2020 3PB Education law newsletter
13th May 2020
3PB's Education Team has produced a newsletter featuring contributions from Matthew WyardMatthew WyardCall: 2014, Alice de CoverleyAlice de CoverleyCall: 2014, Naomi WebberNaomi WebberCall: 2017 and Faizul AzmanFaizul AzmanCall: 2018 with a foreword from team head Charlotte Hadfield.
The team has chosen two topics that are related to Covid-19 that we think are here to stay (at least for the next quarter!) and reviewed two new authorities that are unrelated to the pandemic.
On the Covid-19 front, Matthew Wyard considers the meaning of "reasonable endeavours" in public and private law following the modification of the LA's duty to secure special educational provision specified in an EHC Plan under section 42 to a reasonable endeavours duty, and the likely approach of the Administrative Court to applications to enforce provision in Section F via judicial review. He and Alice de Coverley have also produced a guide to remote hearings for practitioners and witnesses.
Meanwhile, Faizul Azman summarises R (Gassa and another) v Richmond Independent Appeals Service and another: a new authority on school admissions which contains some interesting obiter observations on the effect of remittal to a new panel following a successful judicial review.
Finally, Naomi Webber looks at the recent Upper Tribunal case of F v Responsible Body of School W. This is required reading for anyone who does disability discrimination work in the First Tier Tribunal, whose approach to registering claims for discrimination came under scrutiny in Re F for the first time and is likely to work somewhat differently going forward.