Education Law Unit

Primary School Class Sizes Consultation

admin — Fri, 06 Aug 2010 12:38:34 +0000

Quoted in the Times Educational Supplement Scotland today:

Meanwhile, lawyers have claimed that the Government’s proposed regulation for a new legally-binding limit of class sizes to 25 in P1 fails to close a legal loophole exposed by a landmark Court of Session judgment in 2008. Lord Woolman ruled at the Haddington Sheriff Court that “class sizes are not affected by pupils placed by sheriffs or appeal committees”.

Earlier this year, the Government said it wanted to give councils the legal ability to limit P1 class sizes to 25 after a series of legal challenges by parents made it clear that the legal maximum was still 33.

Iain Nisbet, head of the education law unit at the Govan Law Centre in Glasgow, claims that the Government’s draft regulations, as they stand, would still allow parents making a placing request from outwith a catchment area to breach the proposed 25-pupil limit if they mount an appeal.

“We have got a situation where effectively the only way to maintain the 25 maximum is by being dishonest with parents and keeping secret the fact that if they appealed, they would automatically be successful,” he said.

Practical advice on meeting the needs of deaf pupils

admin — Wed, 25 Nov 2009 11:03:31 +0000

Handouts from the presentation by the National Deaf Children’s Society Scotland at our Additional Support Needs and Disability in Schools conference on 16 November 2009.

NDCS16Nov.pdf, Practical advice on meeting the needs of deaf pupils

Schools (Consultation) Scotland Bill passed by Parliament

admin — Fri, 20 Nov 2009 11:11:55 +0000

The Schools (Consultation) (Scotland) Bill, was passed by Parliament on 19 November 2009, and creates a new framework for consultation on school closures, and other major changes, that means educational issues must be taken into account.

The process will require to include consultation with pupils, staff, parents, parent councils and all other school users. There will be a mandatory six week term time consultation period. The Bill also requires full and detailed proposals to be provided at the start of a consultation and provides opportunities to challenge incomplete or inaccurate information.

For rural schools, councils will have to give full consideration to all viable alternatives, the impact on the community and the impact on travel arrangements, before consultation.

Finally an additional safeguard for school closures means Ministers will be able to call in decisions where they feel there have been serious flaws in the process.

Sandy Longmuir from the Scottish Rural Schools Network (SRSN) said

“SRSN is looking forward to seeing the Bill become law. We are already seeing some Local Authorities adopting its principles and this is leading to a greater understanding of the issues surrounding rural education. A number are currently engaging with parents and communities in line with the requirement in the Bill to look at alternatives to closure. This is leading to trust and cooperation where once there was none.

“Where schools do go to consultation on closure, the new robust consultation framework should ensure that all the relevant facts are aired leading to a greater understanding of the issues on all sides. We have always felt that the backstop of referral to the Minister in the case of a flawed consultation will be used infrequently as more open practices lead to better decision making.

“Taken as a whole, the new consultation procedures should ensure that parents, communities and elected members will be better informed, improve relationships with Local Authorities and provide a degree of external scrutiny to the process.”

HMIe called upon to investigate support unit in Portree

admin — Mon, 19 Oct 2009 12:01:35 +0000

An additional support needs unit at a school on Skye is to be investigated by HM Inspectorate of Education (HMIE) following complaints from parents, handled by Govan Law Centre.

Allegations include claims that one pupil was forced to do excessive levels of physical exercise, contrary to medical advice.

Parents of three children attending the unit at Portree High School contacted Govan Law Centre, which notified the Scottish Government through a statutory complaints mechanism. The Scottish Government has asked HMIE to visit the school to investigate the claims.

Solicitor Iain Nisbet felt the nature of the complaints was such that they should be referred to the Scottish Government.

He welcomed the action taken by ministers. “The legislation allows Scottish ministers to investigate and intervene in cases where there has been any breach of education law,”.

“Because we had been approached by a number of parents from the same school, we felt it was appropriate to alert the Scottish Government to these ongoing concerns.

“I am very pleased to see the prompt and effective response of the government and will await the report by HMIE with interest.”

A government spokesman said: “Ministers have asked HMIE to visit the Portree High School special needs unit following concerns raised through the Govan Law Centre.

“HMIE will report back to the Scottish government by the end of November when consideration will be given to whether any further action, if required, should be taken.”

GTCS reprimand rector for pupil interview

admin — Tue, 29 Sep 2009 11:30:48 +0000

The General Teaching Council for Scotland has issued a reprimand to Peter Brodie, rector of Glasgow Academy (an independent school). Following a misconduct hearing held after complaints from parents that he had interviewed a pupil in an unprofessional way and without allowing the pupil to be represented and supported by a responsible adult. The pupil in question was suspected of having brought drugs into school and was questioned for almost two hours without his parents being notified.

The GTCS have issued a reprimand with will last for a period of five years.

Court awards compensation to teacher assaulted by autistic pupil

admin — Mon, 31 Aug 2009 15:03:37 +0000

In a case in Inverness Sheriff Court, a secondary school teacher has been awarded over £70,000 in respect of loss of earnings and depression brought on by violent incidents at a special school, where she was repeatedly assaulted by a pupil with autism.

In the case of McCarthy v. The Highland Council, Sheriff Alan D. Miller held that The Highland Council had breached their duties to her as an employee. They had failed in their duty of reasonable care for her safety, and their duty to devise, maintain and enforce a safe system of work.

Despite periodic newspaper headlines about violence in schools, this type of case is still quite unusual and the complexity can be illustrated by the 17 days of evidence required before the case was concluded.

Call for more funding for school autism units

admin — Mon, 31 Aug 2009 12:27:55 +0000

The Herald reports that Scottish local authorities are coming under increasing pressure to provide more specialist places for pupils with autism.

The row has come to a head after a court case involving Ross McLaughlin, a 12-year-old Glasgow pupil with autism. Ross was assessed as requiring a specialist place when he moved from Caledonia Primary School, in Baillieston, Glasgow, to nearby Bannerman High School.

He was then told there was no place for him because the unit, which caters for 12 pupils, was full, and that he would have to be supported in a mainstream classroom on a temporary basis.

His parents sought help from Govan Law Centre’s Education Law Unit. Glasgow City Council initially contested the action, but, a few days before the court hearing, Ross was offered a place in the unit at Bannerman High.

GLC’s Iain Nisbet, said the law was clear that education authorities had a duty to make adequate provision for children with additional support needs – and that costs could not be an easy excuse for failing to do so.

“It is a continuing source of frustration that education authorities have not made the necessary arrangements to accommodate the needs of all of their autistic pupils, leading to an annual lucky dip for parents seeking places,” he said.

ELU “excellent model” for public legal education

admin — Thu, 02 Jul 2009 12:00:47 +0000

Public Legal Education (PLE) at Govan Law Centre’s Education Law Unit was singled out at a recent Scottish conference as an excellent model for successful PLE delivery.

Set up in 2002, Govan Law Centre’s Education Law Unit provides an expert legal resource in the field of school education, with a particular focus on tackling discrimination, promoting human rights and the rights of disabled pupils and pupils with additional support needs.

The Unit works in partnership with schools, education authorities, parents’ groups and charities across Scotland to make pupils’ rights and parents’ rights in education a reality. It produces a number of leaflets and booklets on various aspects of education law and pupils’ or parents’ rights.

Legal Education plays a big role in the work of the Unit so as well as providing legal representation in education law cases to parents or pupils, they also regularly deliver in-house training to advocacy groups, parents’ organisations, the voluntary sector, schools and other education professionals. Their policy work includes contributing to consultations for new legislation including the writing of policy guidances.

The Unit operates an Education Law Helpline which is available to anyone who has an enquiry about any aspect of education law in Scotland. Their education law website aims to provide a meaningful free resource for those with unmet legal needs and contains a wide range of practical and useful information for advisors and citizens alike.

The Unit is funded by the Scottish Government and the Equality and Human Rights Commission.

You can read more about this story on the PLENET Newsletter.

President of Additional Support Needs Tribunals 4th Annual Report

admin — Mon, 08 Jun 2009 16:24:45 +0000

The President of the Additional Support Needs Tribunals for Scotland has published her 4th annual report. 2008-2009 was a quiet year, in which only 35 references were received – and only 9 proceeding to an oral hearing.

You can download the report below:

ASNT4thAnnualReport.pdf, 4th Annual Report of the President of the Additional Support Needs Tribunals for Scotland

Equality and Human Rights Case Service 2009 Report

admin — Fri, 29 May 2009 14:45:24 +0000

Govan Law Centre has been running an equality and human rights case service for education law cases for one year now, and today marks the online publication of our report on those first twelve months. The service is funded by the Equality and Human Rights Commission in Scotland and will run until September 2009.

Open publication – Free publishing – More school

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