Education

In the course of her public law practice, Caroline has undertaken a range of education-related cases. She is particularly keen to specialise further in Education law and brings to this area not only a wealth of relevant experience from other areas of her practice (e.g. disciplinary issues, discrimination claims and contractual disputes), but also a down-to-earth, considered approach which is particularly well-suited to the sensitive issues and high stakes often at play in education cases.

Caroline’s education-related experience to date includes:

  • School admissions
    (clerking Admission Appeal Panels, including provision of legal advice regarding disability discrimination)
  • School exclusions
    - Representing a school before an Exclusion Appeal Panel (under the previous regime)
    - Providing training to local authorities and Independent Review Panel members on legislative changes
  • Judicial review
  • Legal action in respect of Ofsted reports (schools)
  • Appeals against suspension of registration by Ofsted (Early Years and Child Care providers)
  • Governance issues in Academies
  • Safeguarding
  • Prosecutions for non-attendance (under s.444 of the Education Act 1996)

Whilst at PLP, Caroline’s education-related work included:

  • Advising on the lawfulness of a University’s disciplinary scheme
  • Advising a teacher about a potential judicial review in relation to a CRB certificate (which disclosed that the teacher had been the victim of a crime)
  • Advice regarding a potential judicial review of a decision to close the (then) last all-male state school in Hackney

Cases of note include:

R (Dawatul Islam UK and Eire) v OFSTED
Successfully resisting a school’s application to judicially review an unfavourable progress monitoring inspection report (breach of the Independent School Standards; consideration of the Prevent Duty).
Findings challenged included those relating to the quality of education, the ‘spiritual, moral, social and cultural’ development of pupils, the welfare of students, leadership and Schedule 10 of the Equality Act 2010.

In the matter of an Academy
The case concerned the potential termination of an Academy’s funding as a result of poor governance and failure to comply with the Independent School Standards (in particular, provisions relating to safeguarding and the need to promote community cohesion, including concerns about extremism and radicalisation).

JC v OFSTED [2011] UKFTT 449
Successfully resisting an appeal against temporary suspension from the register of childminders (safeguarding concerns, including allegations of assault; relevance of concurrent police investigation considered).

In addition to the matters listed above, Caroline particularly welcomes new instructions in the following areas:

  • SEND appeals
  • Independent Review Panels
  • Internal academic appeals
  • Fitness to Practice hearings (student and Teaching Regulation Agency)
  • Disciplinary and grievance procedures
  • The intersection between national security and education law
  • Higher education cases

Please see Caroline’s Public and Regulatory profile for details of other relevant experience.

Articles

SEND provision beyond 24 September 2020 - a brewing storm? – 3PB Education Newsletter, September 2020

Legislating in the Time of Corona – 3PB Education Newsletter, September 2020

  • Publications
    • Legislating in the time of Corona

      21st Sep 2020

      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.

      View Publication
    • SEND provision beyond 24 September 2020 - a brewing storm?

      21st Sep 2020

      SEND provision beyond 24 September 2020 - a brewing storm?
      Caroline Stone examines the forthcoming changes to the SEND Regulations 2014.

      View Publication
View Full CV

Academic qualifications

  • MA (Hons) (Law), Downing College, Cambridge University
  • Bar Vocational Course, BPP Law School (Very Competent, 9th in year of 300)

Scholarships

  • Pegasus Scholarship (South Africa, 2011)
  • Chrystal Macmillan Prize (Middle Temple) in recognition of BVC results (2005)
  • Queen Mother’s Scholar (Major BVC Scholarship, Middle Temple) (2004)

Professional qualifications & appointments

  • Attorney-General's Junior Counsel to the Crown (B Panel) – appointed September 2016
  • Assistant Editor, National Security: Law, Practice and Procedure (Oxford University Press, early 2021)

Professional bodies

  • Constitutional and Administrative Law Bar Association (ALBA)
  • Human Rights Lawyers’ Association
  • Education Law Association (ELAS)