We are regularly trusted to provide advice and support to education providers and to parents and pupils who have a stake in school education, at every stage, of school education in both the state and independent sectors. Key to our success is our understanding of the legislative and policy frameworks coupled with the ability to quickly identify key issues and effective solutions.

We have advised educations authorities and parents in relation to proposals to close both primary and secondary schools. Our experience includes support and advice in relation to the proposed closure of rural schools, the provision of advice on the robustness of business, including compliance with the Equality Act 2010 and the potential for legal challenges.

We have considerable experience of advising and representing both education authorities and parents in relation to school placing requests including the provision of frank and robust advice on the prospects of success. Our experience includes support in relation to cases that involve pupils with additional support needs that require a detailed analysis of process and procedure and handling with a measure of sensitivity.

We have advised key clients in the independent schools' sector in relation to complaints to the Regulator of Independent Schools, equality and contractual issues, data protection, and admissions and charging policies. This includes the drafting and updating of policies in relation to matters such as bullying and discipline to ensure that they are up to date and fully compliant with legal requirements.

We have also advised on sensitive issues that involve a high degree of reputational risk. At the same time, we have advised parents looking for the best outcomes for pupils in relation to disciplinary matters including representation at disciplinary hearings.

Key highlights

  • Advising an independent school on a complaint to the Regulator that the school was not safeguarding the welfare of its pupils. The complainers alleged that incidents of bullying had not been properly addressed. 
  • We undertook a detailed analysis of the evidence and of relevant policies and procedures. We assisted in the preparation of a robust response to a challenging deadline. The Regulator was persuaded that there was no need for intervention. 
  • Advising a local education authority in relation to a number of contemporaneous placing request appeals involving children with additional support needs.  
  • We provided a robust assessment of each case and representation before the Additional Support Needs Tribunal.
  • Despite the sensitivities involved the client was delighted with our support including our pragmatic advice on the potential for future parental engagement.  

Outcome

Key to our success is our understanding of the legislative and policy frameworks coupled with the ability to quickly identify key issues and effective solutions.

Contributors

Christine O'Neill KC

Chair & Partner

Niall McLean

Partner & Solicitor Advocate

Jamie Dunne

Senior Associate