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Schools and the law - Russell Cooke Solicitors
Legal lessons in pandemic education
Lenka Wall and Sarah Inchley, education team at Russell-Cooke Solicitors
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Did you know that neither World War II nor the Spanish flu of 1918 caused as widespread a disruption to learning as coronavirus has? Suffice to say, pupils, parents and teachers alike are grappling with huge challenges that give rise to novel legal questions.
Is my child entitled to attend school during lockdown, and, if so, do I have to send them?
During lockdown, only two categories of children can attend school:
• children of critical workers and vulnerable children such as those with child protection issues or an education, health and care plan (EHCP) • children who have difficulties engaging in remote education at home.
It is unlawful for a school to refuse to admit a child that is entitled to attend and local authorities have an obligation to deliver special educational provision in an EHCP. Other children should not attend school and should be educated remotely. Government guidance encourages critical workers to keep children at home if they can, whereas parents of vulnerable children are ‘strongly encouraged’ but not required to send them to school. Attendance at school during lockdown periods is therefore an entitlement, not a legal obligation.
When schools open again, I am worried about sending my child back. Do I have to?
Whilst some families have been counting down
the days until schools re-open, others have anxieties about their child’s safe return to school. Those with a clinically vulnerable family member in particular, may worry a child’s return to school exposes them to additional risks.
Despite these legitimate concerns, when schools are open, a child’s attendance on the school roll returns to being mandatory. Parents have a legal duty to ensure their child regularly attends school. Schools have to record absences and state whether this is for an authorised reason. Currently, if your child is self-isolating or is clinically extremely vulnerable, this is an authorised absence. If a parent chooses to keep their child home for a prolonged period without an authorised reason, a Local Authority may issue a fi ne or instigate a criminal prosecution. However, this does not mean you have to send your child back to school.
I would like to continue educating my child at home. Can I do that?
School closures have led some families to realise that home-based education works much better for their child than school and is more conducive to their child’s mental or physical health issues or learning style.
Parents have the right and responsibility to choose how and where their child is educated, including at home. This is known as elective home education. Parents have a legal duty to ensure that their child receives effi cient suitable full-time education. This does not mean at school and there is no requirement to follow a specifi c format or the National Curriculum. If a parent makes the decision to permanently home educate their child, they must formally request their child is removed from the school register. The parent will bear the fi nancial and practical burden of educating their child. However, where a child has an EHCP and receiving education provision at school is inappropriate, a home-based package of tuition and therapy funded by the local authority can be secured.
What is happening with GCSEs, AS and A-level exams this year?
For the second year running in England, most nationwide exams are cancelled on account of the huge disruption to learning. It is not possible or fair for exams to go ahead as normal. That’s the simple part. More complicated, following the algorithm exams fi asco of 2020, is what the alternative arrangements will be. At the time of writing, we await the fi nal guidance from DfE and Ofqual. We know results will be decided by teacherassessed grades likely to be based on “the standard at which the student is performing.” But it appears exams may not be ‘cancelled’ altogether. Mini exams set by exam boards, marked by teachers together with coursework, may inform how schools will determine a grade. Responsibility for getting those grades right will fall to the teachers. Concerns persist around how disparities based on deprived or disabled children’s access to education during lockdown, or race and sex-based teacher bias will be fairly mitigated.
For students disappointed with their grades, there will be a right of appeal. If this right remains limited to the school itself, to determine if the original grade is found not to be legitimate or exam boards for procedural errors, parents may also need to consider bringing Equality Act claims or applying for Judicial Review. Results day is always full of nerves for students and their families and this year will be no exception.
If you have questions about your child’s education, specialist lawyers at Russell-Cooke can help. n
Sarah Inchley Lenka Wall
sarah.inchley@russell-cooke.co.uk lenka.wall@russell-cooke.co.uk
COOK’S CORNER
Chicken Dijonnaise Ingredients
4 Chicken breast (skin off) 12 Baby mushrooms or as many or as few as you prefer (optional) 2 Large onions 4-6 Tablespoons of sunfl ower oil ¼ Bottle white wine 2 Dessert spoons Dijon Mustard or grainy mustard – I use grainy mustard as I prefer this 1 x 600ml Double cream Salt and pepper
Method
1. You can either cook each as a chicken breast or dice each breast into cubes.
2. Heat the oil in a saucepan and brown each breast on both sides or if in cubes, fry until they have gone golden brown. 3. Remove the chicken from the pan and add fi nely chopped onions to the pan and cook till golden brown. 4. Add the mustard and stir into the onion mixture.
5. Add the cream and white wine, chicken, mushrooms, salt and pepper to taste and stir it all together. 6. Turn heat down to simmer and cook for approximately 15-20 minutes. 7. Check it is cooked by sliding a knife down the middle of the chicken to make sure it is cooked through. 8. I serve this with Spicy Basmati rice or creamy mashed potatoes and a mixed salad.
Carole Cory
One of my favourite dinners is Chicken Dijonnaise. It is a very quick and absolutely delicious meal and all my family love it. You can always swop around and substitute pork fi llet instead of chicken to add variation to this very versatile meal. I know this recipe is Chicken Dijonnaise, hence the Dijon mustard but I prefer my own take on this and use grainy mustard instead.
020 8947 5337 carole@partiestogo.co.uk | partiestogo.co.uk
From Plastic Straws to the Great Outdoors
Buy To Let Hunter is a fresh approach to property purchase
Lucy of Buy To Let Hunter recently sat down with one of our early investors to catch up with him
LUCY SYMONS
Raffi is a local business owner doing a great thing for our planet – he arrived in Richmond with enough money for just 8 months. He followed a hunch and set up Bantam Materials - providing Prevented Ocean Plastic, that’s recycled plastic collected from at-risk coastal communities, and created a research centre on Richmond Green. We think he is marvellous, and we are not the only ones! He just won: “Sustainable Initiative of The Year”. Whoop!
Raffi realised that he wanted to invest in property but preferred a professionally managed structure run by trustworthy people to allow him the freedom to focus on the craziness in his own world. Raffi approached us and asked us to help. Through Buy To Let Hunter, Raffi has purchased a pure investment property and a holiday home which he uses in conjunction with renting it out to paying guests.
Raffi says: “For me there wasn’t a second choice when I met the Buy To Let Hunter team. It was about working with someone trustworthy and when speaking to one of the directors, a local guy, it was clear he was someone I could trust. I didn’t need to look any further. And my expectations have been more than met.”
Obviously investing in anything is risky, but understanding that, Raffi feels he has enhanced his lifestyle greatly. He has a free holiday home that pays for itself, in fact it pays Raffi just to own it!!
Raffi says: “My kids have a pool, access to nature, the cottage overlooks a lake….. And it’s just an hour and a half from London.”
“It’s absolutely no hassle…. The team at BTLH do absolutely everything, checking in guests, housekeeping, making sure everything is perfect for my family and visitors. I just turn up. Oh, and cash the cheques!” n
