Katherine Anderson gives an update on the amendments to the Equality Act 2010, in which the purpose of the regulations is to reproduce in domestic law certain interpretive effects of retained EU law which, under the Retained EU Law (Revocation and Reform) Act 2023, would otherwise cease to apply in the UK after the end of 2023.
Clerks Details
- Clerk Name: Russell Porter
- Clerk Telephone: 01865 793736
- Clerk Email: [email protected]
- Clerk Name: Tom Cox
- Clerk Telephone: 0117 928 1520
- Clerk Email: [email protected]
- Clerk Name: Gemma Faulkner
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Education
Katherine is an experienced education law specialist with a particular interest in special educational needs. She is familiar with the issues that may arise in relation to mental capacity in education cases.
She accepts instructions from local authorities, schools, parents, young people, students and universities, as well as employers/employees in the education sector, in relation to:
- Appeals and claims before the First-tier Tribunal (Special Educational Needs and Disability)
- School admissions
- School exclusions
- Equality Act 2010 claims in the civil courts
- Judicial review
- Employment tribunal proceedings (see also Katherine’s Employment law profile).
Recent cases:
Katherine has acted in many complex cases concerning special educational, health and social care for post-16 and post-19 year olds in Education and Health and Care plans, including under the National Trial.
She has recently acted in appeals to the Upper Tribunal regarding the special educational provision for a physically disabled child with a fluctuating health condition, and regarding the interrelationship between the social care and special educational provision in an EHC plan for a young person over 19 years of age.
Other recent cases have involved disputes around:
- Educational negligence
- Home education of a child for medical reasons
- Special educational provision for children outside of the normal school day
- The level of therapeutic provision reasonably required to meet a child’s special educational needs
- Sensory profiles as special educational provision
- Disability discrimination – school exclusions
- Disability discrimination – failure to make reasonable adjustments
- Disability discrimination claims against universities by students who were required to withdraw from their courses.
Katherine also provides training in education law to a variety of different audiences, including local authorities, solicitors, university student advisors, lay panel members and educational experts.
She is herself a parent of young children.
Reported Case:
RB v Calderdale MBC (SEN): [2018] UKUT 390 (AAC)
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Articles -
The Equality Act 2010 (Amendment) Regulations 2023 in force from 1 January 2024
13th Feb 2024View Article -
Disability Discrimination in Schools: recent case law on the duty to make reasonable adjustments
12th Feb 2024View ArticleKatherine Anderson considers the appeal A Multi Academy Trust v RR [2024] UKUT 9 (AAC), in which the issues around the application of the test in section 20(3) of the Equality Act 2010 as modified by schedule 13, particularly in its application to special schools.
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Is it lawful for an EHC plan to specify home education - and if so, how?
12th Feb 2024View ArticleKatherine Anderson reviews the appeal of London Borough Camden v KT [2024] UKUT 225 (AAC), in which Upper Tribunal Judge Jacobs analysed the legal position when a parent consents to the special educational provision in their child's EHCP being arranged in the family home.
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The Upper Tribunal's power to protect the confidentiality of certain proceedings
28th Mar 2023View Article3PB 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.
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Considering the Tribunal's approach to costs
28th Mar 2023View Article3PB 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.
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The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirms
8th Aug 2022View ArticleKatherine Anderson considers DB v Academy Transformation Trust (SEND) [2022] UKUT 66 (AAC) in which the Upper Tribunal held that the First-Tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim and considered First-tier and Upper Tribunal powers to regulate procedures or decisions outwith their own procedures.
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The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirms
8th Aug 2022View ArticleKatherine Anderson considers DB v Academy Transformation Trust (SEND) [2022] UKUT 66 (AAC) in which the Upper Tribunal held that the First-Tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim and considered First-tier and Upper Tribunal powers to regulate procedures or decisions outwith their own procedures.
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How the New National Restrictions to control the spread of Coronavirus (COVID19) impact education and school attendance
17th Nov 2020View Article3PB's specialist education law barrister Katherine Anderson reviews how the New National Restrictions to
control the spread of Coronavirus (COVID19) impact education and school attendance. -
Legal representation and cross-examination in university disciplinary proceedings and specific performance as a remedy - AB v University of XYZ
17th Nov 2020View Article3PB's Katherine Anderson reviews the case of AB v University of XYZ. Legal representation and cross-examination in university disciplinary proceedings and specific performance as a remedy.
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Council wins Judicial Review challenge to academy order
21st Sep 2020View ArticleCouncil wins Judicial Review challenge to academy order
Katherine Anderson reviews Somerset County Council v Secretary of State for Education [2020] EWHC 1675 (Admin).
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Recommendations Katherine Anderson is a strong advocate who enjoys a varied caseload which covers employment and education law. She is active in discrimination claims and EAT appeals.
Strengths: “Katherine was very helpful. I would recommend Katherine to colleagues.”
“Katherine is a very skilled advocate with substantial legal analytical skills.”
“Katherine's very responsive; she provided particularly useful written submissions, and gave helpful advice in relation to strategy.”Chambers UK 2024/Employment/Western Bar
Strengths: “She is diligent and has great attention to detail.”
“She is technically excellent and a great advocate.”Chambers UK 2023/Employment/Western Bar
Strengths: "She has excellent attention to detail on difficult cases and responds extremely promptly." "She is diligent and has very great attention to detail. We consider her a very technically adept lawyer, who can really drive down into conflicting case law."
Chambers UK 2022/Employment/Western Bar
Strengths: "She is extremely thorough and detailed in her preparation and advice. She is meticulous in her attention to detail and excellent for complex cases."
Chambers UK 2021/Employment/Western Bar
‘Katherine is forensic in her approach. She looks at all angles and considers all options. A very diligent advocate. ’
Legal 500 2024/Education/Leading Junior/London Bar
‘Katherine is extremely bright, client-friendly and meticulous in her preparation and written work. ’
Legal 500 2023/Education/Leading Junior/London Bar
‘Katherine has a wealth of experience in SEND appeals and is very thorough in her approach; she is a robust advocate and her preparation is always meticulous.’
Legal 500 2022/Education/Leading Junior/London Bar
‘Highly intelligent, thorough in her work and is a tenacious barrister.’
Legal 500 2021/Education/Leading Individual/London Bar
Expand recommendations
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Welcome to the 10th edition of our education law newsletter. Edited by Katherine Anderson, it features analysis and contributions from Katherine Anderson, Olivia McGonigle, Jim Hirschmann, Matthew Wyard and Naomi Webber.
Case analysis covers:
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- London Borough Camden v KT [2024] UKUT 225 AAC;
- LC and RC v Hampshire County Council [2023] UKUT 281 (AAC); and,
- A Multi Academy Trust v RR [2024] UKUT 9 (AAC) -
24 November - Black Friday discount on ‘A Practical Guide to EHC Plan Appeals' by Katherine Anderson
Law Brief Publishers have announced a one-day ‘Black Friday’ discount of 25% on Katherine’s detailed practitioner’s guide to this fast-growing and changing area of law, launched in June this year. The book, which usually retails for £69.99, will be on sale for £52.50. If you want to access the discount on ‘A Practical Guide to EHC Plan Appeals,' please click here anytime on Friday 24 November. About the book: This is a detailed practitioner’s guide to...
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3PB Barristers congratulates its Employment and discrimination law team for achieving 3 new rankings in the Midlands, while retaining its Band 1 ranking in two Circuits (Western and South Eastern) in Chambers and Partners’ 2024 edition published today. The team increases its rankings to a total of 18 individual rankings, up from 15 last year, in London, Western and South Eastern, and adds the Midlands as a Circuit in which its expertise is recognised. Client...
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3PB is delighted to report the promotion of its Education law team to TIER 3 in London. The team has attracted a total of 9 rankings in the Legal 500’s 2024 edition published today: 7 of our barristers are ranked in London, 2 of them are also recommended for the work they do in the Midlands and Wales. This promotion in the Legal 500 follows a great year for the team, in which Alice de...
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