
Education Law
Sinclairs Solicitors are leading experts in Education Law, and are located at our Penarth office. The firm is only one of two law firms authorised and contracted by the Government's Legal Services Commission in Wales to advise in education law.
Mr. Michael Charles, is established as one of the country's leading lawyers in this field of law.
The majority of cases involving educational issues turn to public law principles. It is essential that practitioners in this field and those who need to advise parents, are aware of and fully understand the relevant legal principles involved, and how these principles apply in various contexts.
Both UK & (EU) European law have changed considerably in recent years, consequently education law is now a growing & gaining far more importance over recent years.
In particular, the Human Rights Act 1998, legislates that children are now to be educated in accordance with the wishes of their parents and this may have important implications for educational issues. If you require any more information or an appointment - we recommend you speak with a specialist at Sinclairs Solicitors.
Parents are understandably concerned when they fear that their children are not receiving something to which they are entitled or have been treated wrongly or unfairly by a school or local education authority. In the interests of the child/ren educational issues need to be decided quickly and it is therefore essential that when seeking advice in this area, you Employ a practice that will act quickly with the expertise to ensure your peace of mind. This is a specialist of area of law, requiring the knowledge & expertise of specialist legal advisors
The main areas of concern often relating to educational needs are:
- LEA policy decisions including school closures & reorganisation.
- Special educational needs - lack of provision & statementing etc.
- Disputing LEA (Local Education Authority) decisions in respect to your child
- Retrospective claims for lack of educational provision for a child who is continuing or left education otherwise known as negligence cases
- School Admissions
- Exclusions
- Higher Education i.e. Problems at University
- Disputes regarding school curriculum
- Further Education Funding - Learning & Skills Council decisions including ELWA (Wales)
Challenging decisions of LEA's by presenting arguments in the courts or the Special Educational Needs Tribunal. Many people are concerned about not being granted a Statement of Special Educational Needs for their children, or that the statement is inadequate and does not meet their child's requirements. Some people turn to the law because they discover later in the day that their child ought to have received special provision and clearly did not earlier in their child's career. Often complaints are that children have suffered loss as a consequence and applications are thereafter made to the courts for damages. The important decision of Phelps .v. London Borough of Hillingdon has established importantly that professionals Employed by local authorities should behave competently and could be liable in actions for damages if there has been negligence. This includes teachers, educational psychologists and education officers who all now owe a duty of care.
This means that if your child is in a school and has been let down or if you have been let down by a school that you attended in the past, there may be something you can do about it. Speak to a specialist at Sinclairs Solicitors.
Another important area is to know what your rights are when you have a child attending a school. For example, you may have a right to receive assistance from your local education authority to obtain school uniforms for your children, or school milk. Your child may have the right for free school transport? What if you change schools? Do you still have the right to school transport? If your child is being bullied you may need help and advice.
Remember your child's education is essential and what you may not do now can affect him or her for the rest of their life. It is essential that the right moves are made from the start.
Education law has also been affected by the Human Rights Act 1998, children are now to be educated in accordance with the wishes of their parents and this may have important implications for educational issues. If you require any more information or an appointment - speak with a specialist at Sinclairs. If you have any issues relating to your childs education, then please use the 'contact form' below. We will endeavour to get back to you as soon as possible.
Disclaimer
Sinclairs Solicitors accept no responsibility for loss or damage which may arise from errors or omissions of information contained in the web site or other site that may be linked to this site from time to time or for reliance on any such information. It is important that those who have access to the site and require help take proper legal advice by contacting the firm of Sinclairs so that we can properly advise on the information that you are able to provide us.