April 2021 Education law newsletter
29th April 2021
Welcome to April's newsletterWelcome to the fourth edition of the 3PB Education law team’s newsletter. You will find this quarter’s newsletter packed full with 3PB news, analysis and case law updates from John Friel, Emma Waldron, Alice de Coverley, Jennifer Agyekum and Alex Leonhardt. This quarter’s topics include: two different reflections on a year of virtual hearings, an analysis of R (L, M, P) v Devon County Council [2021] EWCA Civ 358 (regarding statutory timetables for amending EHC Plans following annual reviews) and, finally, the hot topic of school uniforms and human rights law. We are also delighted to welcome Alex to the 3PB Education law team following the successful completion of his pupillage and Oliver to our expanding Education clerking team. Ask us a questionThanks for reading. Please don't hesitate to contact this month's contributors, or any of our friendly and approachable team if you need assistance with anything education-related. Matthew Wyard appointed to the Attorney General’s C Panel3PB’s education law and public law specialist Matthew Wyard joins seven other 3PB barristers on the Attorney General’s (AG’s) panel of counsel including A panel members of Mathew Gullick QC and fellow public and regulatory barrister William Hansen. 3PB deliver Education law training to local authorities with BLMBLM partner John Roberts and 3PB barristers Matthew Wyard and Katherine Anderson will be delivering three training sessions to Welsh local authorities. The first of these webinars, led by BLM Solicitors, took place on 20 April and focused on "Dealing with the more adversarial Tribunal Claims/Appeals including the role of experts". The next event on "Whistle-stop tour through the most important aspects of Parts 2, 3 and 4 of a Statement" will be on 13 May. The final event will examine "Pitfalls & prevention – a case study of the Additional Learning Needs and Education Tribunal (Wales) Act 2018" on 10 June. For more information, please contact Chris Mitchell. 3PB welcomes Alex Leonhardt as a tenantWe are delighted to congratulate Alex Leonhardt on the successful completion of his pupillage and to welcome him as a new tenant focusing on education, employment and housing. Alex is available to accept instructions for advocacy and advisory work. Matthew Wyard speaks at EHRC and Wales Observatory joint-eventEducation and public law barrister Matthew Wyard was invited to present to legal practitioners, NGO’s, charities and public bodies on how the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is incorporated into Welsh specific legislation. View his presentation here. Oliver Bradley joins 3PB's education clerking teamOliver Bradley has joined 3PB's education law clerking team. Practice Director Chris Mitchell and Practice Managers Tom Cox and Gemma Faulkner, welcome this new addition to the team, all in support of the growth of a team described as 'increasingly becoming a powerhouse in education law' by the Legal 500 2021. Special Educational Needs & Disability Tribunal and Witnesses with DisabilitiesJohn Friel examines the issue of dealing with disabled adults or disabled young persons who give evidence either as Appellants or where the young person is giving evidence in their own case, although the parent is conducting the appeal on their behalf, or the parent is the Appellant. Virtual reality: "I’m here live… I’m not a cat"Emma Waldron reflects on the last 12 months of virtual hearings in the SEND Tribunal and looks at the many benefits as well as the disadvantages of the "new normal". The correct timeframe for a local authority to issue a Final Amended Education, Health & Care PlanJennifer Agyekum analyses R (L, M, P) v Devon County Council [2021] EWCA Civ, a case in which the Administrative Court is due to have the final word on the correct interpretation of the timescales for issuing a Final EHCP. Uniforms and exclusions: a case law reviewAlice de Coverley and Alex Leonhardt analyse how the tricky, balancing questions around children’s rights, school uniforms and school discipline have been dealt with by the Courts. This article also appeared in the Education Law Monitor. Meet the team3PB’s education law team represents parents, pupils, schools and their governing bodies (both from the maintained and the independent sectors), academies, universities and colleges, NGOs including charities, students, teaching and academic staff and local authorities in education law. Barristers also specialise in other complementary areas of law, notably public law, personal injury, human rights, employment and discrimination and misconduct and compliance. |