legal briefing for schools - Spring term 2012 - issue
1
Welcome to the new term and to the first edition of legal
briefing for schools, Blake Lapthorn’s ebulletin keeping
independent schools, academies, colleges and schools that are
considering converting to academy status up-to-date every half term
with current educational legal issues and practical tips on how
these may affect your organisation.
Many educational establishments find themselves trying to
understand the impact that key legal issues will have on their
organisations, not least in these times of great financial
uncertainty. At Blake Lapthorn we have an experienced cross
disciplinary team of lawyers who can provide a full legal service
to nurseries, independent schools, academies, free schools,
colleges and further education institutions on matters including
regulation, employment, compliance, policies, governance, health
and safety, child protection, property, planning and construction,
complaints and disputes.
Governors, trustees, head teachers and their business managers
need information and advice which will equip them to make good
decisions on behalf of their schools and our schools team’s
comprehensive approach ensures we deliver practical solutions to
the legal issues that they face.
Blake Lapthorn would like to invite you to a half day conference on the latest legal developments you need to be aware of for the process of converting to academy status and the issues that you will need to face post-conversion.
The Charity Commission has withdrawn various parts of its guidance on 'public benefit' and has produced interim advice for charity trustees.
The Education Act 2011 received Royal Assent on 15 November 2011. Its provisions will commence in stages, with a number already in force. The Act is wide-ranging, with various provisions affecting educational bodies of all ages and both independent and maintained schools.
Independent schools and the education sector more generally face increasing threats of legal challenges from parents and pupils alike. If left unresolved, these claims can damage a school's well earned reputation.
The High Court has held that schools do not owe a non-delegable duty to secure reasonable care to pupils throughout the school day; to do so would be a considerable expansion of liability "beyond a reasonable step".
The Government's long-awaited response to consultation on the Employment Tribunal system has been published and will have important effects on all employers, including schools.
The Court of Appeal has confirmed that a 19 year old cannot be a 'child' for the purposes of the Education Act 1996 and a statement of special education needs therefore lapses automatically when the child turns 19.
Some progress has been made with the long awaited decision for Academies' Funding Transfer for 2011-12 and 2012-13.
The Department for Education has issued draft Regulations to simplify the current School Building Regulations which are generally regarded as onerous and overly-complicated. Related guidance will also be simplified.
Determining a preliminary issue in the case of JGE v English Province of Our Lady of Charity and another, the High Court has held that a diocesan bishop could be held vicariously liable for the torts of a priest of his diocese.
Please contact us if you are interested in a copy of our summary guidance for charity trustees and school governors on the implications of the Bribery Act 2010.
View current consultations from the Department for Education.
