Education Newsletter (Schools) - Spring 09

Accidents in schools

In this article we review the September 2008 case of Danielle Richbell (a minor) v Oxfordshire County Council, where this firm acted for the Defendant. The case involved an accident at a State school. Click on the link to read about the key issues raised.

Case Review - Pupil’s right to privacy is not breached by untrue statement

B, a pupil aged 12, suffered from Asperger’s Syndrome. Following a day of violent incidents against teachers and other students at school, B was permanently excluded. The exclusion was upheld by the school governors and the matter was reviewed by the Statutory Appeal Panel.

New public benefit reporting requirements

The principle of public benefit in relation to fee-paying schools has been much written about, not least in previous editions of this newsletter and in this firm’s briefing notes. The present article focuses specifically on the new public benefit reporting requirement, which will apply to accounting periods starting on or after 1 April 2008.

A sting in the tail

Readers will recall the investigation carried out in 2006 by the Office of Fair Trading into 50 independent schools. This enquiry centred on the prohibition in the Competition Act 1998 against agreements between undertakings that have the object or effect of hindering competition within the United Kingdom.

HR issues: looking ahead …

2009 will be a busy year for those responsible for Human Resources as there will be significant employment law developments including the implementation of the Employment Act 2008. The Act will make a number of changes to existing employment law, specifically, the repeal of the statutory disciplinary, dismissal and grievance procedures. Set out below are some of the key HR related dates for your diaries.

Internet libel: protecting your reputation

Amongst lawyers the internet has developed a reputation as "the Wild West" due to the difficulty of legislating for a medium which provides the ability for people to post information which is then immediately accessible, anywhere in the world.

Social networking and employees: managing the risks

In this article we look at issues that arise for schools, as employers, regarding the use of IT systems; in particular the use of social networking sites. Among other matters, we highlight points we recommend are covered in staff contracts as well as in a school’s Acceptable Use Policy (AUP).

Morgan Cole recognised by Chambers UK for schools’ expertise

Chambers UK is a legal directory which is published annually by Chambers & Partners. Based on thousands of interviews with lawyers and clients, the guide ranks solicitors and barristers in over 60 specialist areas of law.