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New SEND Tribunal Direction

Holly Blacklaws
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The Special Educational Needs and Disability Tribunal has substantially amended the directions that they provide at the outset of an appeal, for the first time in recent memory. This substantial change to the appeal process is likely to have a significant...

Mandatory Mediation

Faye Williamson
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On the 24th March the Ministry of Justice announced their plans to make mediation mandatory in all family cases unless there are allegations or a history of domestic violence or safeguarding issues. To help families we will see the government’s Family...

EHCP - Post 16 Phase transfer deadline

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31 March EHCP deadline for transition to Post-16 placements in September 2023  – We answer frequently asked questions on this deadline, process and appeals. What is the 31 March deadline?  Local Authorities must issue Final Amended EHCPs...

Pre/Post Nuptial Agreements

Faye Williamson
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There is a common myth, which I have heard clients repeat that “If I built the asset up before the marriage, it can’t be claimed against”. Unfortunately this is not necessarily the case, and with multiple and later life marriages becoming...

Secondary School Admissions National Offer Day

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1st March is National Offer day for secondary school placements for September 2023 (Year 7). We answer frequently asked questions on this deadline, process and appeals. What is the 01 March deadline?   If your child is due to start secondary...

Secondary transfer EHCP deadline - Q&A

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We answer frequently asked questions on this deadline, process and appeals. What is the 15 February deadline?   Local Authorities must issue Final Amended EHCPs for children who are due to transition to a secondary school placement in September...

EHCP Phase Transfer Deadline - 15 February 2023

Sophie Jenkins
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If your child has an Education, Health and Care Plan (‘EHCP’) and will be transferring between phases of education in September 2023, you may be aware that the phase transfer deadline is fast approaching. The statutory deadline for Local...

Mediation in Family Law

Faye Williamson
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What is Mediation? Mediation is a place where you and your ex-partner can discuss your issues with a trained mediator present who can facilitate a constructive conversation, stop your emotions taking over, try to help you see both sides of the issue and...

I've done my own Divorce. What now?

Antonia Kirby
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I have written last year, about the change to the Divorce Law, which was implemented on 6th April 2022. The change that many wanted, and that after years (possibly decades) of lobbying we now have. I spent some time exploring how the change in the law has...

University Strikes November 2022 - your rights as a student

Sophie Jenkins
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The University and College Union (“UCU”) has announced that university staff will strike on the 24th, 25th and 30th November 2022 over pay, pensions and working conditions. The strikes will take place at 150 universities across the UK, with an...

Considerations for Tenants - Commercial Property Leases

Sunita Hazelwood
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WHAT DO I NEED TO CONSIDER AS A TENANT LEASING COMMERCIAL PROPERTY? Taking on commercial property as your new place of business is a major commitment. You need to consider carefully the details of the lease and any property information, to be confident that...

What is a Green Lease?

Sunita Hazelwood
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How to reduce our environmental footprint is something that, as a society, we are having to consider more and more on a daily basis.  Landlords and Tenants are also being forced by government policies to re-focus on energy efficiency and sustainability...

New admissions appeal code - October 2022

Robert Slade
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As a parent, you can express a preference about which school your child attends. The Local Authority must comply with that preference, unless certain exemptions apply. If you are not happy with the decision made by the admissions authority, you can then look...

PhD disputes - getting support as a student

Robert Slade
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As higher education specialists, we have helped many PhD students deal with a variety of issues that they face on the many years that they spend on their PhD. Whether this is issues with supervision, with intellectual property rights or disputes over...

To Vaccinate, or not to Vaccinate: One Year On

Antonia Kirby
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Last September, I explored whether or not children should receive the Covid-19 vaccination. One year on, where are we now and how does the Court view the issue? 2020 In the case of K (A Child: permission to vaccinate) [2020] EWHC 3775 (Fam), the Court...

School Exclusions & Social Media

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Offensive videos of teachers and pupils are now circulating social media platforms such as TikTok, and subsequently, we are seeing an increasing number of both fixed term and permanent exclusions as a result. This is now a widely reported issue, becoming...

A-Level Results 2022

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As A-Level results day 2022 draws closer, thousands of students across the country anxiously await their exam results. Understandably, this is a nerve-wracking and emotional time for both students and their families. If your A-Level results are not as...

Abolishing 'no fault evictions' - what we know so far.

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Following recent news coverage we have received a number of enquiries from our residential landlord clients about the proposed abolition of Section 21 (S.21) and so called ‘no fault evictions’. What is S.21? The introduction of the Housing...

School Exclusion Guidance Updates 2022

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Our specialist education lawyers receive regular enquiries from parents who wish to challenge the decision of a school to permanently exclude their child. Our solicitors appreciate the concerns that parents have regarding the effect of an exclusion, whether...

Why it is worth instructing specialist will dispute solicitors

John Buckle
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Recent research about inheritance disputes has thrown up some interesting results. According to the survey:- Three in four people are likely to experience an inheritance/Will dispute in their lifetime. Inheritance disputes amongst siblings are the most...

How have Special Educational Statistics Changed 2021/2022?

Holly Blacklaws
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How have Special Educational Statistics Changed in England in the Academic Year 2021/2022? The Government have recently released the latest annual statistics regarding Pupils in England with Special Educational Needs and Education Health and Care Plans....

Education, Health and Care Plans - The latest statistics

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The Department for Education has published its most recent statistical data regarding Education, Health and Care Plans (EHCPs), for 2021. We've summarised below some of the key findings: EHCPs The number of children and young people with EHCPs ...

No-Fault Divorce - What do we need to know?

Antonia Kirby
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Throughout March and April 2022 you will most likely have heard or seen in the the news, the revolutionary change to the Law; the introduction of no-fault divorce, after many, many years of lobbying. Prior to the Divorce, Dissolution and...

University Complaints reach all time high

Robert Slade
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Earlier this week, the Office of the Independent Adjudicator (“OIA”) announced in their annual report that complaints they had received from students in England and Wales about their university courses had reached an all-time high, with over a...

Primary School Admissions Appeals

Robert Slade
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- Challenging your child’s school place The impact that a child’s school can have on their education cannot be understated. The right school, the right teacher and the right environment can make all the difference in allowing your child to...

What is the Down Syndrome Bill?

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The Down Syndrome Bill was introduced in Parliament as a Private Member’s Bill. It has now completed its parliamentary passage and is due to receive Royal Assent soon, but what does this all mean? A Bill is draft legislation that only becomes law if...

SEND Review Green Paper

Ed Duff
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On 29 March 2022, the Government published a Green Paper entitled “SEND Review; Right Support, Right Place, Right Time”.  This article will be sent, in full, to the Department for Education via the consultation email address.  We have...

31 March EHCP deadline for transition to Post-16 placements in September 2022

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We answer frequently asked questions on this deadline, process and appeals. What is the 31 March deadline?    Local Authorities must issue Final Amended EHCPs for children who are due to transition to a Post-16 placement in September 2022, by 31...

EHCP Deadline for post 16 placements

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31st March – a key date for young people with EHCPs who are due to transition to post 16 placements in September 2022 The 31st March is the statutory deadline by which time a young person should have received their final amended Education, Health...

R (L, M and P) v Devon County Council [2022]

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LONG AWAITED JUDGEMENT PROVIDES CLARITY REGARDING ANNUAL REVIEW TIMESCALES FOR LOCAL AUTHORITIES R (L, M AND P) V DEVON CITY COUNCIL [2022] EWHC 493 (Admin) This landmark decision provides welcome confirmation of the timescale that each local authority...

Secondary School Admissions appeals 2022

Robert Slade
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The transition from primary to secondary school should be an exciting opportunity for children and their parents. However, for those who have been refused their chosen school it can instead be a stressful experience. Fortunately, there is a procedure in...

University disputes - your rights as a student

Robert Slade
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Your time in university should hopefully be a rewarding and fulfilling experience which lets you develop the skills you need for later in life. However, there are many examples of things that can go wrong. You could face issues with the faculty, the course...

To vaccinate, or not to vaccinate: Issues for the parents of 2021

Antonia Kirby
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There are many decisions which arise in a child’s life that can cause conflict between separated parents; what name they should be known by, whether they should be raised vegan, where or how they should be educate, what religion they follow. However,...

Beyond Crisis?

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A recent article published by the BBC suggests Support for pupils who have special needs is "beyond crisis".  https://www.bbc.co.uk/news/education-58474416 The article details how a resounding 97% of those who took part in a survey...

A-levels and GCSEs procedure 2021

Robert Slade
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Results day, mitigating circumstances and appealing grades. As the classes of 2021 gets ready for their results to be issued, this has been a trying and stressful time for students and their parents. The uncertainty and doubt surrounding this process is...

National Trial to Continue

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Recently the Department of Education confirmed that the extended powers given to the Special Educational Needs Tribunal to make non-binding recommendations regarding the health and social care aspects of an Education health and care plan would continue...

Government commits to date for introduction of No Fault Divorce

Faye Williamson
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It has been announced that the Divorce, Dissolution and Separation Act 2020, which will allow couples to get divorced without putting one of them at fault, will come onto force on the 6 April 2022. This is somewhat later than it was hoped, as the Act was...

Fitness to Practise

Robert Slade
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If you are a university student involved in a professional course, you’ve likely been told about fitness to practise. Most professional bodies (like the GMC and the HCPC) make fitness to practise a requirement for anyone looking to register to...

Office of Independent Adjudicator for Higher Education

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As the official website for the OIA states, 1,967 complaints were made to the OIA by students in 2018. However, only 4% of these complaints were declared ‘justified’. The complaints procedure adopted by the OIA is a relatively clear process; so...

Specification within an EHCP - "When enough is enough"

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London Borough of Redbridge v H O (SEN): [2020] UKUT 323 (AAC) Specification within an EHCP - “When enough is enough”   This recent appeal was brought by the Local Authority in respect of the level of specificity to be included within an...

How Will the Third Lockdown Affect Children and Young People with Special Educational Needs, in England and Wales?

Holly Blacklaws
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Following the respect announcements of a third lockdown for both Wales and England, and the subsequent announcement that schools would be closed to most pupils, the Governments have issued amended legislation and updated guidance as to how this will affect...

Government reforms to make it easier for Leaseholders to buy their houses

John Buckle
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The Government has announced that it will tackle the controversial issue of people who have bought their houses with leasehold title.  Under the current law, many people face paying high ground rents, which are often increased with little or no benefit...

School Exclusion - 2020 update

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Our Specialist Education Lawyers receive calls on a regular basis from parents following a decision by a school to permanently exclude their child. Our expert education solicitors appreciate the concerns that parents have regarding the effect that the...

New Additional Learning Needs System for Wales From September 2021

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Update - New Additional Learning Needs System for Wales From September 2021. In line with my previous blogs regarding the new Additional Needs System within Wales, there have been two recent developments on this same subject. The Welsh Government has...

A further update on the forthcoming new Additional Learning Needs (ALN) system within Wales

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Update ALN Bill - A Written Statement by Kirsty Williams, Minister of Education regarding the  implementation of the new Additional Learning Needs (ALN) system in Wales. Further to my earlier blog, Kirsty Williams MS, Minister for Education has...

Update on the impending Additional Learning Needs (ALN) Transformation within Wales

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Update on the impending Additional Learning Needs (ALN) Transformation within Wales. It is not an understatement to say that this year our lives have been dramatically turned upside down due to the Coronavirus pandemic. For a moment of time, the whole...

GCSE and A Level Results - How can I appeal my results?

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GCSE AND A LEVEL RESULTS: HOW CAN I APPEAL MY RESULTS? The collection of A-Level results and GCSE results are usually a difficult, emotional and trying time for any student. However, this year, students have been collecting their A-level results for exams...

Ban on evictions extended by 2 months to protect renters

John Buckle
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Residential tenants have now been given further protection as the government has extended the suspension of evictions for a further two months. Where tenants do experience financial difficulties as a result of the pandemic, the government is urging...

Prospective University Students - To Accept Or Defer?

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  The coronavirus pandemic has affected all aspects of our day-to-day lives and this has particularly affected university students.  The effect spans out to prospective students, current students and those students who are due to graduate this...

University Fees & Student Finance - Coronavirus (Covid-19)

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  There are many current and prospective students across the UK who will have a variety of questions regarding tuition fees and student finance following the outbreak of COVID-19.  Our university solicitors have considered the current position,...