News & Events
News & Events
The High Court has recently handed down judgment in an important case relating to school admissions arrangements, and the Office of the School Adjudicator’s (‘OSA’) functions when considering complaints about them. Alex Line acted for London Borough of Bromley. Alex Line acted for the second Interested Party, London Borough of Bromley, in a judicial review that was brought against the OSA by Mr Sharpe. Another interested party, the Impact Multi Academy Trust (which was the admissions authority in relation to the schools considered in the case) was also involved. The Secretary of State for Education intervened. The decision can be viewed here: Robert Sharp, R (on the application of) v The Office of the Schools Adjudicator. The case, had it…
In A Parent v Governing Body of XYZ School, Alex Line successfully represented the Defendant in a judicial review challenging a school exclusion decision, which has been dismissed by the High Court. The case concerned A Pupil, who had been permanently excluded from a maintained school for sending obscene images of a sexual nature to a younger female pupil from his mobile phone. This was against a background whereby the female pupil had made disclosures alleging serious sexual misconduct towards her by a number of pupils, including A Pupil, which had been referred to the police for investigation. The Head Teacher’s decision to exclude had initially been upheld by the school’s governing body. A Pupil’s parent then exercised her right…
Alex Line was recently successful in an important Upper Tribunal appeal, JL (by EA as appointed person) v Somerset County Council. This appeal concerned the duration of an Education Health Care Plan and the reasons for the decision have now been published. The Background In JL (by EA as appointed person) v Somerset County Council [2021] UKUT 324 (AAC), Alex successfully represented the appellant. On 25 August 2021, Upper Tribunal Judge Ward gave a decision allowing the appeal and set aside the decision of the First-tier Tribunal. This case is of importance because it contains consideration of the meaning of the term ‘academic year’ and establishes that, in certain situations, an Education Health Care Plan can extend to the day…
Following the case of Surrey CC v NHS Lincolnshire Clinical Commissioning Group (2020), Alexander Line and Carin Hunt consider how the claim in restitution is of importance to those advising and representing local authorities. Analysing Surrey CC v Lincolnshire CCG, Alexander and Carin consider the law on unjust enrichment and the four key elements to a claim for unjust enrichment in their most recent article. The authors also consider the Clinical Commissioning Group’s defence of invoking the exclusivity principle laid down in O’Reilly v Mackman [1983] 2 A.C. 237. Considering the decision of the High Court, Alex and Carin contemplate the potential consequences for education law, including the restitution for costs incurred by public bodies and restitution for costs incurred…
Legal Blog & Publications, News, Education, Education 10 Feb, 2021
A Level, GCSE and other exam results are currently being published but what effect has the pandemic had on results? Alex Line considers what is known about the recent policy decisions affecting students this summer, and analyses their potential impact from a legal perspective. A Level results were published today, with GCSE results due to be published soon after on 20th August 2020. As has been widely reported, significant changes to the examination process have been implemented at short notice due to the impact of Coronavirus. Alex Line considers what is known about the recent policy decisions affecting students this summer, and analyses their potential impact from a legal perspective. Article The article can be read here. About the Author Alex…
Legal Blog & Publications, News, Education, Education 13 Aug, 2020
Alex Line has collaborated with Kingsley Napley on the first in a series of blogs looking into the systems and processes that should sit behind the resolution of student misconduct allegations in Universities. Alex is a leading barrister in education law and regulatory law and was invited to collaborate with Julie Norris, a Partner at Kingsley Napley on the subject of; Getting it right from the start: University policies for dealing with non-academic misconduct complaints. Together they looked at issues including: What happens when a complaint is made to a University about the conduct of a student or a member of academic staff?What should the procedures for the resolution of these complaints look like?How can all parties be reassured that such allegations…
