Latest News - November 2011
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First special needs free school approved – new hope for autism in Leeds?
The Lighthouse School in Leeds, Yorkshire's first free school for pupils with autism and special educational needs, is due to open next year.
A group of parents whose children have autism developed the 7-year plans for the Lighthouse, which is 1 of 8 UK special educational needs free schools to receive a ministerial go-ahead.
A numbers game
Princess Diana's desire to help young people in need lives on in her memorial fund which recently provided a grant to research the age assessment process in Wales.
The study was carried out by the Welsh Refugee Council and examined how well age assessments and age disputes are handled, and the effects on children and young people.
Some school exclusions are illegal – report
According to a report by the Centre for Social Justice (CSJ), schools in England that exclude pupils by unofficial means are "acting illegally or unscrupulously".
In its report No Excuses: A review of educational exclusion, the think-tank said that some schools encourage parents to remove difficult children, avoiding official exclusions but providing no support.
Do your employees having caring obligations?
It is likely that 10% of a company’s most productive staff have a child with special needs, and many more have caring obligations for elderly relatives. Supporting employees who care for disabled children or relatives might not seem the highest priority in difficult times. But cuts in local authority finances will no doubt make it harder and more time consuming for parents of children with special needs to get the right level of support. For employers, simply offering a helping hand in making sure staff are aware of the help which is available to them could mean less work time spent on the phone to the local authorities.
All employees who have been with their employer for more than 6 months and who have caring obligations for dependants such as disabled children under 18 or elderly relatives have the right to request flexible working. Although employers are not required to grant such a request they must give it proper consideration; call a meeting to discuss it if necessary and have a real business reason for turning it down. A failure to do so could lead to claims in the Employment Tribunal and end in a claim for injury to feelings.
Community care legal breakthrough for trauma victims
Court of Appeal Judgment in R (SL) v Westminster City Council [2011] EWCA Civ 954
Maxwell Gillott solicitors and Adrian Berry of Garden Court Chambers acted pro bono for the Medical Foundation for the Care of Victims of Torture (now called Freedom from Torture) which, along with the mental health charity, Mind, was allowed to make representations to the Court in this case.
Local authorities have a range of duties requiring them to find accommodation for people who need their care and attention. This duty not only applies when people need care home places but also arises for people who are seeking asylum and need care and attention or "looking after".
Council penalised for Special Needs Failures
Serious failures in education and care services in Leeds have led to substantial injustice for vulnerable children and their parents, according to a Local Government Ombudsman report.
In each of 3 separate complaints against Leeds City Council and schools for children with special educational needs, the ombudsman recommended that the council take specific action and pay compensation.
Legal Aid still available for children with special needs
At Maxwell Gillott, we have been spearheading a campaign to ensure that legal aid continues to provide advice and assistance for those on low incomes who are facing education law problems .
The Government has finally published its bill on reforming legal aid, and, as expected, it has removed large areas of law from the scheme. This will be devastating to many people on low incomes who will be fighting unfair dismissals from work, problems with their housing and disability benefits , and a whole host of other issues.
Judicial review successful on an important matter of principle
A judicial review was brought by G, an African Caribbean male pupil, on an important matter of principle.
It is a tradition in G’s family that males do not cut their hair, and they wear it in cornrows/ braid. This is a hairstyle of ancient African tradition and is therefore directly linked to race and ethnicity. There are many other African Caribbean males for whom this cultural tradition is equally crucial.
Only weeks to go on SEN consultation
Local authorities have been accused of having a conflict of interest in the assessment process and provision of services for children with specific educational needs. 30 June will mark the end of a four month consultation on the Government’s Green Paper Support and aspiration: A new approach to special educational needs (SEN) which has sought to address the issue.
New schools admissions code – will it make things fairer?
There are fears that plans to simplify the schools admissions code may make the system of getting your child a place at the school of your choice even more unfair than it already seems to be.
At the moment the schools admissions procedures are overly complicated and, with many of the better regarded schools already heavily oversubscribed, it’s thought that one in five children do not get their first choice of school place.
Support for parents could reduce the need for children to go into care
More than 40% of children in care could have remained at home if their parents had been offered better help and support.
That is one of the findings of the latest Children on the Edge of Care report which suggests that more parental guidance and respite care is needed.
Victoria Pogge von Strandmann, a solicitor with MG Law provides help and advice to children and families in these types of cases. She says there is reluctance from social services to provide essential support which could prevent family breakdown.
Legal challenge over teenager's right to wear cornrows
This week, a specialist education lawyer from MG Law is in court, fighting the corner of a 13 year old boy who was excluded from school for wearing 'cornrows'.
The boy who can only be known as 'G' suffered a blow to his self esteem after being excluded from St Gregory's Catholic Science College in North London on his very first day.
Deaf children with Special Educational Needs not getting the right support
Deaf children with additional complex needs and SEN are being let down by the health services who offer either inadequate medical care and support or, shockingly, none at all.
According to the largest ever study into the experiences of deaf children with complex disabilities, medical staff are ‘overwhelmed’ by the needs of such children and are simply not delivering the high standards of care and support these children and their families need and deserve. It has been our recent experience that the current climate of cuts is making matters even worse.
Special Educational Needs – can schools cope?
As more and more children are diagnosed as having Special Educational Needs (SEN), there are concerns that teachers have not had the training they need to offer the best education to SEN children and to achieve the best outcomes.
The Special Educational Needs (SEN) Green Paper – Our Thoughts
The government published the much anticipated Special Educational Needs (SEN) green paper today. Elaine Maxwell, sets out her initial thoughts on this paper below.
I believe the main points in the paper are:
- Statements will stay but will be called Education, Health and Care plans
- The tribunal system will remain but it is likely that people will be forced to use mediation as well to see if settlements can be reached without the need for a hearing
- The new plans will cover people from birth to age 25
- Parents may be able to opt for personalised budgets so that have greater control over what their child gets
Important new appeal rights for parents
The Children, Schools and Families Act 2010 introduced an important new right for parents of children with statement of special educational needs. Every year the local authority has to ask the school to look at the way the child has progressed and provide a report for the local authority which then reviews the statement and decides whether or not amendments should be made. This is known as the Annual Review.
Alert for all parents of children with a statement
If you child is due to start at a new school in September because of his or her age, then you should have received an amended statement giving details of the new school by 15th February.
Legal Aid Cuts
As a firm we carry out a lot of our work under legal aid. The new government has recently announced that it intends to remove legal aid from the vast majority of education law cases. We are extremely concerned about this and are leading a campaign to make sure that people on low incomes are able to get the advice and help they need particularly when dealing with the complexity of special educational needs cases.
Update Housing: Key cases affecting the accommodation of children
Unlawlful pathway plans - The two linked decisions of Kenneth Parker J in R(A) v Lambeth [2010] EWHC 1652 (Admin)and [2010] EWHC 2439 (Admin) concerned a challenge by the claimant, an 18-year-old care leaver, to the London Borough of Lambeth’s failure to assess his needs and produce a lawful pathway plan.
Download the full article published in the Solicitors Journal below.
Get your EMA Applications in before 31 December 2010 or lose out
The Coalition Government has recently announced major reforms to the education system. As part of these reforms they are making changes to the Educational Maintenance Allowance (EMA) scheme.
EMA is a direct payment of up to £30 a week during term time to students aged between 16, 17 or 18 who continue to learn full-time at a school, college or with a training provider. They must attend the course on a regular basis, work hard and fulfil the terms of their EMA agreement. The payment is designed to assist with the costs of continuing in education. It is means tested and the amount a student receives is based on their household income. Any part-time income that the student receives is not included and being in receipt of EMA does not affect the household’s entitlement to any benefits or tax credits.
Maxwell Gillott named top of the list by Chambers
Chambers, which publishes the leading directories for the legal profession, has recognised our firm as the only top ranked education law firm acting for individuals in the country. We are also named as leaders in for our work in community care and health services law.
Chambers is a completely independent organisation whose researchers interview thousands of lawyers and their clients around the world. Their directories are used by clients across the globe who are seeking recommended lawyers to represent them.
Angela wows the crowd at a Law Society event
We recently let you know that our one of our Partners, Angela Jackman, had been invited to speak at The Law Society’s Black History Month Inspirational Event. Angela shared a platform with Mrs. Justice Dobbs, the first and only African-Caribbean high court judge.
The feedback has been phenomenal! Alessandra Williams, Chair of the Black History Month Committee, wrote to Angela to thank her for attending the event and to praise her ‘inspirational’ speech. Angela gave an ‘uplifting and relevant’ speech to a full capacity audience of students and lawyers.
The Importance of Pathway Plans and Local Authorities’ Duties to Care Leavers
Oliver Studdert, Partner at Maxwell Gillott Solicitors, considers the obligations upon local authorities to children leaving their care.
There will come a time in the life of all young persons in the care of a local authority when they are ready to move on to independence, or reach an age at which they have no choice but to leave the care of the local authority. A local authority has a continuing obligation to support to any child over the age of 16 who is, or has been, a "looked after child", until they are 21 (or 24 if they are pursuing a programme of education or training). The young person must be provided with support akin to that which a parent would normally provide to their child. This must be set out in a document called a pathway plan.
On 12 October 2010, the Court of Appeal handed down its judgment in R (on the application of SO) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101.
The Court of Appeal made two important findings about local authorities’ duties to care leavers, i.e. those young people who have turned 18, but who were previously accommodated and supported by social services prior to turning 18. Local authorities owe a range of ongoing duties to this category of young person up to the age of 21 (or potentially up to 24 if they remain in education), who are referred to as “former relevant children”. The case concerned the extent to which those duties include duties to provide a former relevant child with accommodation.
New style Academies are open – Will your child’s education suffer
The results are in – already 32 schools have opened as new-style Academies, with a further 110 set to follow suit over the next school year.
These new independent academies have taken up the government’s offer to opt out of local authority control and operate on their own terms as charitable companies.
Important New Appeal Rights for Parents
The Children, Schools and Families Act 2010 have introduced an important new right for parents of children with a statement of special educational needs. Every year the local authority has to ask the school to look at the way the child with special educational needs has progressed and provide a report for the local authority which then reviews the SEN statement and decides whether or not amendments are appropriate. This is process is referred to as the SEN Statement Annual Review.
Statements of Special Educational Needs – The impact of a new ruling
We’ve been interested in a recent legal case which ruled that Local Education Authorities (LEAs) must continue with statements of special educational needs until the young person with SEN reaches their 19th birthday.
Excluded from school or off-rolled – pupils who are lost in the system
A report published in August 2010 has laid bare the amount of children said to be ‘missing from education’ and flags up how some schools are illegally excluding children from education or off-rolling them against the rules.
School Exclusion – Another Labour plan thwarted?
Our new coalition government has stepped forward to put on hold plans to force schools in England to co-operate with each other over pupils excluded from lessons. The 'one in, one out' policy effectively meant that schools in a geographical area had to agree to take in an excluded pupil from another local school whenever they excluded a pupil from their own establishment.
Award-winning Maxwell Gillott lawyer to be a panel speaker at prestigious event
One of our Partners, Angela Jackman, has been invited to be a panel speaker at The Law Society’s Black History Month Inspirational Event. The evening will be a celebration of the achievements of black lawyers in the UK and the contributions they have made to society through their work.
Children Leaving Care win the right to have care plans reviewed by a social worker
Young people’s Pathway Plans must be reviewed by a social worker. A personal adviser alone cannot carry out a review. In an important judgment, the High Court has once again criticised a local authority for failing to comply with its duties to care leavers.
Rankings boost for Maxwell Gillott in Chambers and Partners Legal Directory 2011
Maxwell Gillott is proud to confirm rankings in the Civil Liberties and Education Individuals categories for the forthcoming edition of Chambers and Partners.
Will children with Special Educational Needs (SEN) be left behind by the new Academies?
As the race to become an Academy school is reaching the finish line, for this year at least, we're very concerned that children with Statements of Special Educational Needs will not receive the services and support which so far has allowed them to achieve their full potential in our education system.
New Government, News Ideas?
As has been the pattern for the last 20 years or so, education is high up on the agenda for the new government with a large number of proposals for legislation. We will have to wait and see the detail, but there are some issues that will almost definitely come up, and have a major effect on our clients.
An awards night to remember for Oliver
Oliver Studdert has been recognised as one of the UK’s most gifted lawyers by being named a runner up in the Legal Aid Lawyer of the Year awards 2010.
Oliver is a real champion of the legal rights of young people and has worked tirelessly on some landmark cases. He also works with many charities and organisations to help protect vulnerable client groups and has a commitment to ensuring that children with disabilities and Special Educational Needs can access the education they are entitled to.
Community Care and the New Government
The new government is making severe cuts in public spending and has promised to protect some areas like education and the NHS but not social care. Paul Burstow, the Care Services minister, has said the coalition will ditch Labour's plan to provide free personal care at home to people with high level needs. Questions were raised about the costs of that plan but it seems those will not now be further explored. This is no real surprise given objections raised to the proposals, set out in the Personal Care at Home Act 2010, when the Government was in opposition.
Care Home Fees and the New Government
Following the election in May 2010 the Government has said it will review long term care funding. The Conservative-Liberal Democrat coalition deal, published 20 May 2010 says:
"We will establish a commission on long-term care, to report within a year. The commission will consider a range of ideas, including both a voluntary insurance scheme to protect the assets of those who go into residential care, and a partnership scheme as proposed by Derek Wanless."
GMC New Guidance on End of Life Care
In July 2009, the Department of Health published guidance to enable health professionals to assess and record a decision to "fast track" a person for NHS continuing healthcare. By following the "Fast Track NHS Continuing Healthcare Tool", a doctor is able to assess whether a person's health has deteriorated or may deteriorate to such an extent that they need NHS continuing healthcare funding to enable their needs to be urgently met - (eg to allow them to go home to die or to allow appropriate end of life support to be put into place).
Partner hire: Maxwell Gillott Solicitors (MG Law Ltd)
With Angela, Eleanor and Oliver onboard, we can provide the highest level of service in a niche area of law that has a huge impact on the wellbeing of special needs and disabled children, as well as their families
Our rising star is shortlisted for a prestigious award
Maxwell Gillott is delighted to announce that one of its most tenacious and dedicated lawyers has been shortlisted in the Legal Aid Lawyer of the Year awards for his work as a Social and Welfare lawyer. Oliver Studdert is a true champion of the legal rights of young people and he has featured prominently in cutting-edge litigation.
New London Office Opening!
We have now opened a new office in London and are delighted to announce that we are being joined by leading lawyers in the field of education and community care.
Guidelines on assisted suicide: perspectives on end of life care
Following the law lords ruling in the case of Debbie Purdy, a multiple sclerosis sufferer and the face of Britain's right-to-die campaign, Keir Starmer QC, Director of Public Prosecutions has clarified the factors that are considered when deciding whether to prosecute someone for helping a person to die.
Adults with autism- new strategy launched
The Care Services Minister Phil Hope has today launched the government's first strategy aimed at helping adults with autism to live independently and find work.
Secondary school place offers – what if you don't get your first choice?
On Monday 1st March and parents and pupils across England anxiously await the news of which secondary school place they have been offered – and for some it won't be good news. The letters go out today, so families will get the news in tomorrow's post – or via the internet if they're one of the 34,000 families registered for online applications this year; or via text message if they have registered a mobile phone number.
Social Care laws are 'too complicated'
The Law Commission has called for social care laws to be simplified. At the moment the social care law system includes 39 different acts which the Commission says is too confusing.
Bradford Special School Closures – has your child’s Statement of Special Needs been affected?
Anne McLean, specialist advisor with many years' experience, says:
"We have heard that Bradford Metropolitan District Council is planning to close 10 Special Schools and replace them with just 6 Community Special Schools, meaning that many children with Statements of Special Educational Needs will have to enter mainstream schools or units attached to mainstream schools."
Thousands of disabled students still waiting for vital funds
Nearly 13,000 disabled students in England are waiting for the funds they need for specialist equipment – almost 4 months after the new term started and 2 months after the Government claimed the problem was fixed.
Are changes on the way for social care services at home?
Former health minister Lord Warner has been defeated in the House of Lords after he attempted to delay Labour’s plans to provide free personal care to some 250,000 people in England who receive social care services at home.
Special Educational Needs - More advice, information and support to be provided for parents of pupils
The Secretary of State for Children, Schools and Families, Ed Balls, has made a commitment to ensure that parents of children with special educational needs (SEN) will receive access to "excellent services".
He was speaking in response to the recommendations set out in a report written by Brian Lamb, the Chairman of the Special Educational Consortium.
Expulsion threatened over parking
Bede Academy in Northumberland has threatened to expel the children of parents who breach their parking rules 3 times or more when delivering or collecting pupils at the school.
The Emmanuel Schools Foundation, which runs the Academy, sent a letter out to parents stating that if naming and shaming parents who breach parking rules does not work then, ‘we will operate a “three strikes and you’re out arrangement” whereby parents will be asked to have their child educated in another school.’
Funding withdrawal could have big impact for children at Camphill Community College
Two claims for judicial review have been made against a decision of the Learning and Skills Council to withdraw funding from Coleg Elidyr, a Camphill Community College in Wales based on Steiner principles of education.
Emily Gent at Maxwell Gillott solicitors is acting for one of the Claimants and says: "The decision to withdraw funding from the Coleg is quite simply wrong which is why we are challenging it on numerous levels."
Babysitting friends told they’re breaking the law
Two friends were told they were breaking the law by caring for each other’s children.
According to Ofsted inspectors the pair, who are both police officers, contravened the Childcare Act 2006, as they were looking after each other’s children for periods of more than 2 hours per day but had not registered in the early years register as early years childminders.
50% rise in applications to take children into care
Since the death of Baby Peter there has been a record 50% rise in the number of applications to take children into care.
In the wake of the tragic death of Baby Peter, there have been a growing number of parents across Britain who have faced losing their children after challenging the judgement of doctors, teachers and / or social workers
Schools Secretary announces revamp of Special Educational Needs "statementing" system
After a government-commissioned review of Special Educational Needs (SEN) provision (the ‘Lamb Inquiry’) highlighted major concerns about the SEN "statementing" system. The schools secretary, Ed Balls, has set out new proposals that will aim to make the process of assessing a child’s needs easier, particularly for parents, and more independent.
Adults with autism left to fend for themselves
Following concerns that many adults with autism are not being diagnosed or supported properly, the Government has said that it will publish a new strategy for autism next year.
Schools Secretary announces revamp of Special Educational Needs "statementing" system
After a government-commissioned review of Special Educational Needs (SEN) provision (the ‘Lamb Inquiry’) highlighted major concerns about the SEN "statementing" system. The schools secretary, Ed Balls, has set out new proposals that will aim to make the process of assessing a child’s needs easier, particularly for parents, and more independent.
£20,000 compensation for family of Asperger’s Syndrome child failed by education and social services
"communitycare.co.uk", a website dedicated to all areas of the social care profession, reports that Croydon Council has agreed to pay £20, 000 compensation to the family of a boy with Asperger’s Syndrome and ADHD, after the Local Government Ombudsman concluded that it had failed to meet the boy’s special educational needs, as well as the family’s needs as a whole.
School Admission Decisions 2009
Many parents whose children are due to start a new school in September will learn in the first week of March which school has offered them a place. There has been an increase in competition for places at good schools this year, and it is estimated that as many as one in 5 children will not get a place at their first choice of school.
Former Minister Calls for Government Inquiry into SEN Provision
Former Education Minister Estelle Morris has called for a government inquiry into future provision for children with special educational needs.
Government Announces NHS Constitution
The government has announced a legally-binding NHS constitution, to go before Parliament for approval. This confirms the general principle that NHS services are available free of charge. Patients will be expected to register with a GP, keep appointments, provide accurate information and follow treatment and vaccination programmes. All NHS bodies and other organisations providing NHS services will be required to take the constitution into account when making decisions.
Medical Care for Patients With Learning Difficulties
The government is investigating the standard of medical treatment received by patients with learning difficulties. A 2007 report by Mencap, Death by Indifference, mentioned six cases where patients had died because NHS staff failed to appreciate their medical needs.
Special Education Post 16 – Learning and Skills Council
Elaine Maxwell has succeeded in getting the Learning and Skills Council’s agreement to fund a specialist placement for a young man with Down’s Syndrome. He had been educated in local authority special school until the age of 19 and had very severe communication difficulties.
Education and Skills Act 2008 given Royal Assent
This bill was given Royal Assent on 26 November 2008. This landmark piece of legislation will increase participation in learning for young people and adults.
New Special Educational Needs and Disability Tribunal Regulations
Significant changes have made been to the Special Educational Needs and Disability Tribunal for deciding special needs cases. This affects all appeals lodged after 3 November 2008.
Opportunities for Autistic Pupils “Limited”
The chief executive of the National Autistic Society has said that two-thirds of families with autistic children find their choice of school limited by a lack of appropriate placements in their local area.
Concern Over School Admissions
The Schools Adjudicator has reported that more than half of schools in England are failing properly to apply the law on admissions.
School Staff “Unfamiliar” with Needs of Autistic Children
The University of Birmingham’s Autism Centre for Education has reported that that too many teachers and support staff are unfamiliar with the needs of autistic children and have difficulty teaching them effectively.
This news contains stories of interest to our clients and contacts. Stories are drawn from widely available news sources and publications as well as from our cases. If we represent any person or organisation referred to, we say so. Where we do not represent individuals or organisations mentioned, reference to the story does not imply that we represent any individual or organisation concerned.
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