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Welcome to August's newsletter
Welcome to 3PB’s Education Law Team Newsletter.
You will find in this edition the
recording of our webinar on the
new school exclusions, suspensions and pupil movement guidance, published by the Department for Education on 13 July 2022.
We are delighted to announce important
3PB wins in the Supreme Court (Part-time music teacher wins landmark case on calculating holiday pay for ‘part-year’ workers)
and in the Upper Tribunal (Upper Tribunal confirms appeals can be brought against review decisions of the SEN Tribunal for Wales; Upper Tribunal endorses a holistic approach to section 9 of the Education Act 1996 (parental
preference on school placement).
Case law analysis is provided by:
(1) Jim Hirschmann who analyses PM v Worcestershire County Council [2022] UKUT 53 (ACC) - a case in which the Tribunal (1) clarifies the approach to be taken to pre-funded places
attracting element 1 and 2 funding from ESFA (2) suggests that new, contradicting evidence may justify an application to set aside a FTT decision; and (3) indicates that a former failure by an education provider to provide EHCP provision may render such a
provider unsuitable.
(2) and Naomi Webber who reviews the Northern Ireland High Court's decision on the challenge to teaching arrangements for Religious Education and Collective
Worship in Controlled Primary Schools In the matter of an application by JR87 (by her mother and next friend) and her father ("G") for judicial review" - reference number "COL11833.
(3) and Katherine Anderson who 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.
Finally in our round up for the year to date, a piece on our team's involvement for Ofsted in the Independent Inquiry into Child Sexual Abuse.
View our video on the - new school exclusions guidance - in our analysis section below
Part-time music teacher wins landmark case on calculating holiday pay for ‘part-year’ workers
3PB barristers Mathew Gullick QC,
Lachlan Wilson and
Naomi Webber saw earlier this month a landmark judgment in favour of their music teacher client Mrs Lesley Brazel
by the UK Supreme Court.
The UK's highest court confirmed the rights of part-year and zero hours contract workers to the full 5.6 weeks' statutory paid holiday provided for under
the Working Time Regulations 1998 and rejected the argument of the school that the entitlement of such workers should be reduced on a pro-rata basis.
Upper Tribunal confirms appeals can be brought against review decisions of the SEN Tribunal for Wales
3PB education and public law barrister Matthew Wyard has succeeded in AB v Newport City Council
[2022] UKUT 190 (AAC), an important Upper Tribunal appeal in which the tribunal has confirmed that appeals can be brought against review decisions of the Special Educational Needs Tribunal for Wales.
Upper Tribunal endorses a holistic approach to section 9 of the Education Act 1996 (parental preference on school placement)
The Upper Tribunal published earlier in May an important decision on EHC Plans in London
Borough of Croydon v K.A. [2022] UKUT 106 (AAC), affirming the correct approach to section 9 of the Education Act 1996. The attempt by the London Borough of Croydon, on appeal, to narrow section 9 to consideration of educational benefits alone
was rejected, and a holistic approach to the s9 balancing act was endorsed.
Alice de Coverley, of 3PB’s Education Team, represented the Respondent in
this appeal, the parent, having already succeeded on their behalf at first instance.
3PB acts for Ofsted in the Independent Inquiry into Child Sexual Abuse
In the latest strand of this ground-breaking investigation into the school sector by IICSA, 3PB education and public law expert Alice
de Coverley acted as Junior Counsel for Ofsted, led by Sarah Hannett QC. Gabriel Adedeji, 3PB public
law and regulatory law expert, acted as disclosure counsel for Ofsted.
NEW! Video on the new school exclusions guidance
Charlotte Hadfield and
Alice de Coverley hosted a webinar on the new school exclusions, suspensions and pupil movement guidance, published
by the Department for Education on 13 July 2022.
Click on this link to view the recording of our barristers' webinar.
The approach to pre-funded places attracting element 1 and 2 funding from ESFA
Jim Hirschmann analyses PM v Worcestershire County Council [2022]
UKUT 53 (ACC), a case in which the Tribunal (1) clarifies the approach to be taken to pre-funded places attracting element 1 and 2 funding from ESFA (2) suggests that new, contradicting evidence may justify an application to set aside a FTT decision;
and (3) indicates that a former failure by an education provider to provide EHCP provision may render such a provider unsuitable.
Objective, critical and pluralist: the secular law’s requirements for a religious education
Naomi Webber reviews the Northern Ireland High Court's decision on the
challenge to teaching arrangements for Religious Education and Collective Worship in Controlled Primary Schools.
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
Katherine 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.
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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