A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
Currently, after a permanent exclusion is reviewed by a governing body, if the exclusion is still upheld then the parent has the right of appeal to an Independent Appeal Panel. The new law will mean that Independent Appeal Panels (IAPs) will be scrapped and replaced by Independent Review Panels (IRPs), which will have reduced powers.
Unlike the IAP, IRPs will not have the power to reinstate a child back into the school.
Instead, IRPs will be able to recommend the Governing Body to reconsider their decision, or, if the IRP considers that the decision was flawed in light of Judicial Review principles, the IRP can direct the Governing body to reconsider. If the Governing Body still refuses to reinstate the pupil then the IRP can order the School to pay £4000 to the Local Authority, to be spent on alternative education for the excluded child. Judicial Review is an extremely complex area of law that panels have not previously had to deal with, and it remains to be seen how this will work in practice.
The other main change is that parents will be able to request that an SEN expert be present at the IRP hearing. The SEN expert will provide the panel with impartial advice on how SEN could be relevant to the exclusion. An SEN expert can be requested regardless of whether the school recognises that the child has SEN. The SEN expert is likely to be an Educational Psychologist or a SENCO, however again, it remains to be seen how this will work in practice.
These changes apply to all exclusions of pupils from state schools and Academies occurring on or after 1 September 2012.
We understand that having a child excluded from school is an extremely stressful time. We are able to guide you through the process, draft the grounds of appeal, and represent you at the hearing. Legal Aid is currently available for exclusions, subject to being financially eligible, although this will change from April 2013. Please contact us so that we can assess your eligibility. We also offer fixed fee rates for parents who are not eligible for Legal Aid.
For more information
Contact John Turner, Regulatory Lead on 0121 212 7433 or email firstname.lastname@example.org.
This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
We’re delighted to announce that we have been ranked in the top five national legal advisers in the Top 3000 Charities 2021 directory.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.