Regulatory matters in the education sector

Regulatory matters in the education sector can be wide-ranging, complex and sometimes daunting.

Our expert regulatory compliance team are here to:

• Provide you with pragmatic, tailored advice to meet your needs
• Ensure you are kept up to date with the latest regulatory changes and are fully compliant with the regulatory framework

Our team of specialist regulatory lawyers advise a multitude of educational institutions, from schools and academies to multi-academy trusts across the country, on a wide range of regulatory issues facing them. 

Regulatory legal advice for academies, multi-academy trusts and schools

Combining our expertise within the education sector along with our experience advising our charity, public sector and private clients means we can bring market-leading experience and wisdom across the breadth of legislation and regulations frequently present in education law matters.

Quite simply, we believe education is essential for human flourishing and this is why many of us in the regulatory and wider education teams also have experience of being school governors and directors of multi-academy trusts; allowing us to bring a more informed understanding of the practicalities of school life to our work, and ensuring that the advice and solutions we offer are both practical and pragmatic.

Legal advice on special educational needs and disability (SEND) issues 

SEND issues can be wide-ranging and our team have vast experience advising on such issues from policy advice to supporting schools or academies in their relationships with the local authority and parents. We also work closely with these educational establishments to support them in disputes with local authorities and other agencies to achieve the best possible outcome.

Our team provide practical advice on the Equality Act to multiple educational institutions including claims for racial, sexual, religious and disability discrimination; along with advising on complaints and exclusion decisions that may be caught within the Equality Act. We also advise on claims submitted to the SEND tribunal, providing support, practical advice, knowledge and representation which has led to successful outcomes for our educational clients.

Legal support on school admissions, complaints, exclusions and off-rolling

Each of our expert team members can assist across a wide range of issues including those related to admission, exclusions and off-rolling.

We help schools and academies with responding to the initial complaints made to that particular educational institution, and if a resolution is not reached, we will provide advice and representation at the Independent Admissions Appeal Panel.

Advice and guidance around inspections

As a team, we have extensive experience of appeals and Judicial Review of decisions made by regulators, including Ofsted. We are able to advise our educational clients on their response to inspections and guide them throughout the process.

Keeping children safe in education – child protection and safeguarding

The experts in our team can support and advise with all aspects of child protection and safeguarding in order to promote the welfare of your students. We can assist in developing robust policies and advise on safeguarding matters and Disclosure and Barring Service (DBS) requirements and eligibility. Our team also has expertise in advising in relation to safeguarding investigations involving children and vulnerable adults.

Health and safety in education settings

We have extensive experience of advising in relation to health and safety matters that impact schools. We regularly provide advice on safety-related policies and our team can assist in responding to regulatory or criminal investigations and proceedings.

Fitness to practice and allegations of misconduct

The regulation of the teaching profession in England is managed by the Teaching Regulation Agency (TRA) on behalf of the Secretary of State for Education.

Referrals alleging serious misconduct against a teacher can be made to the TRA by schools and employers, the police, the Disclosure and Barring Service (DBS), other regulatory bodies and the public.

Support is available from our legal experts if there are allegations of misconduct or if concerns are raised about fitness to practice. This is likely to initially involve assisting with investigating complaints and internal investigation.

Regulatory legal advice provided by Anthony Collins Solicitors

Our recent cases include:

• An appeal in the upper tribunal on a matter relating to an allegation of discrimination under sections 15 and 20 of the Equality Act 2010
• Advice following an adverse inspection report from Ofsted
• Assistance in dealing with vexatious complaints
• Drafting a health and safety policy, including consideration of adjustments for religious and cultural reasons
• Advising on safeguarding matters including drafting policies, safer recruitment and DBS checks
• Advising on education and health care plans (EHCP)
• Advising on the safe reopening of schools during the Covid-19 pandemic
• Advice and support on admissions and exclusions

Training for headteachers, teaching staff and governors

We can develop bespoke training to suit your needs. Recent examples of training include sessions around subjects such as complaints, admissions, exclusions and off-rolling to headteachers, staff and governors; and are available to assist your educational institution with our expert advice.

Get in touch

For advice or to find out more, please contact Kaleigh Grainger.