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Welcome to April's newsletter
Welcome to 3PB’s Education Law Team Newsletter.
In this edition, case law analysis and updates are provided
by:
(1) Emma Waldron covers "A Guide to The Special Educational Needs and Disabilities and Alternative Provision Improvement Plan".
(2) Alice de Coverley provides an update on the events held by Neurodiversity in Law.
(3) Katherine Anderson announces the upcoming publication of her new book "A Practical Guide to
Education, Health and Care Plan Appeals in England” and summarises two cases:
a. JJ & EE v Buckinghamshire Council [2022] UKUT 345 (AAC) which concerned the Tribunal's approach to costs.
b. Re a Teacher (Rule 14 Order) [2023] UKUT 39 (AAC) which concerns the Upper Tribunal's power to protect the confidentiality of certain proceedings.
(4) Jim Hirschmann considers the remedies available where a local authority is not able to provide a suitable type of school due to a shortage of such schools.
(5) Jennifer Agyekum provides a case summary and comment of a recent A2P1 case R (on the Application of SB and ZB) v London Borough of Croydon and NHS South West London ICB [2023] EWHC 489 (Admin).
We hope that you find a few enjoyable moments to peruse and reflect upon these Education Law updates.
A Practical Guide to Education, Health and Care Plan Appeals in England
The month of April will see the publication of 'A Practical Guide to Education, Health and Care Plan Appeals in England' by Katherine Anderson, experienced Education Law specialist and member of the 3PB Education Law team. Katherine says, "This is a detailed practitioner's guide to this fast-growing area - according to government statistics, in the academic year 2021/22, HMCTS tribunals recorded 11,000 registered special educational needs ('SEN') appeals, and increase of 29% when compared to the prior year.
The book addresses in detail the relevant statutory and case law as well as the rules and procedure of the First-tier Tribunal and Upper Tribunal which govern these appeals." The book is published by Law Brief Publishing Ltd and further information is available below.
A Guide to The Special Educational Needs and Disabilities and Alternative Provision Improvement Plan
Special education barrister Emma Waldron shares her top 10 takeaways from the long-awaited Special Educational Needs and Disabilities and Alternative Provision Improvement Plan which the Government published on 2 March 2023.
Neurodiversity Celebration Week 13-17 March 2023
3PB education barrister and Co-Chair of Neurodiversity in Law, Alice de Coverley, spoke at the first event of Neurodiversity Celebration Week; a live panel held in London focusing on what neurodivergent individuals and Neurodiversity in Law have achieved since the organisation's launch in October 2020.
3PB Practice Director Chris Mitchell also took part in one of the events held by Neurodiversity in Law. Chris spoke as part of the "Achieving With Adjustments"
online panel on 14th March, which focussed on reasonable adjustments for neurodivergent practitioners. Videos of all the week's talks will be available shortly on the Neurodiversity in Law website and social media channels.
The nationwide shortage of specialist schools: remedies
Jim Hirschmann considers the remedies available where a local authority is not able to provide a suitable type of school due to a shortage of such schools.
There is a nationwide shortage of specialist schools for children and young people with special educational needs.
Considering the Tribunal's approach to costs
3PB experienced education law specialist Katherine Anderson summarises the recent case JJ & EE v Buckinghamshire Council which concerned the Tribunal's approach to costs. This was an appeal to the Upper Tribunal arising out of parents' unsuccessful application to the First-tier Tribunal for a costs order against the local authority in a special education needs case.
The Upper Tribunal's power to protect the confidentiality of certain proceedings
3PB experienced education law specialist Katherine Anderson summarises the case Re a Teacher (Rule 14 Order) which concerns the Upper Tribunal's power to protect the confidentiality of certain proceedings.
A rare successful claim for breach of Article 2 Protocol 1 – “Right to education”
Jennifer Agyekum provides a case summary and comment of a recent A2P1 case R (on the Application of SB and ZB) v London Borough of Croydon and NHS South West London ICB [2023] EWHC 489 (Admin). The claim was one of a number of proceedings attempting to secure adequate housing, education and social care provision brought by the Claimants.
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.
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