A quick update of Mr. Matheson's case. I learn from The Metro this morning that Mr. Matheson, the former Head of Hermitage Academy, has been struck off as a teacher for pockling money given by the ice cream van for renting space in the playground.

Labels: Education Law, News

The former Head Teacher of Hermitage Academy, Donald Matheson, failed to appear at his disciplinary hearing before the General Teaching Council yesterday (9 March 2010).

The Daily Record, which covered the story tells how Matheson had a sick note, but sent his lawyer to protest his innocence. The hearing heard evidence in his absence from office manager Mrs. Maureen Purves.

Mrs. Purves gave evidence that in October 2003 an ice cream van moved into the grounds. She said: "Mr Matheson told us the ice cream man would be bringing in money on a regular basis."

"They would come in on a Friday or whatever day was the end of that school week. It was always in denominations of £10 per day."

Clerical assistant Ann Holmes gave evidence that Mr. Matheson gave her an envelope full of notes totalling £1,650 the day auditors showed up to examine the books in May 2005.

She said: "He said I was to be sure to bank this money that day and put it under donations from the ice cream van."

Criminal fraud charges against Mr. Matheson were dropped in 2006 because of witness problems. That same day, he retired on full pension from his £70,000-a-year post at Hermitage.

None of which is in the least bit suspicious.

The hearing, which could decide to remove his name from the register of teachers altogether, continues.

I used to go to Hermitage Academy, though not during Mr. Matheson's tenure. My favourite purchase from the ice-cream van was those little 5p bags of pickled onion crisps.

Labels: Education Law, News

A new campaign to promote Consumer Focus Scotland's series of specialist consumer guides has been launched. The guides provide detailed information and advice on a range of issues important to consumers in Scotland, and include my very own "A-Z of Scots Education Law" now in its 3rd edition and available in all good bookshops at the bargain price of £6.99!

The promotion involves contacting key organisations and individuals and undertaking targeted advertising to raise awareness of the guides, what they offer to consumers and how they can be accessed.

Labels: Education Law

According to the BBC News website, East Renfrewshire Council have decided not to appeal against Lord Uist's recent decision which ruled their admissions policy to St. Ninian's (and as a result their consultation exercise to alter the school's catchment area) unlawful.

... because they would obviously lose.

Labels: Education Law, Glasgow, News

Don't forget to check out my latest Yell.com blawg post for all the latest developments in the unfolding saga of the minimum class sizes rules.

You can read all about it here: Primary school maths.

Posted on Absolvitor: Scots Law Online.

Labels: Children, Education Law, News, Scottish Government, Yell.com Solicitors Blog

You can now read my latest Yell.com blog regarding the proposed changes by East Renfrewshire Council to the catchment area of St. Ninian's High School. The blog is titled "School catchment area division".

Which works on a number of levels, you see...

Posted on Absolvitor: Scots Law Online.

Labels: Education Law, Glasgow, News, Scottish Government, Scottish Parliament, Yell.com Solicitors Blog

The most recent edition of Chambers UK was launched on 11 November 2009. Chambers is the leading directory of the legal profession.

I am pleased to report that I'm in it! I'm listed under "Other Notable Practitioners" in the Education Law (Individuals) category - Band 3.

According to the guide, "New table entrant Iain Nisbet of Govan Law Centre draws client praise for his understanding and handling of the local authorities."

Posted on Absolvitor: Scots Law Online.

Labels: Education Law, Law Centres, News

An additional support needs unit at a school on Skye is to be investigated by HM Inspectorate of Education (HMIE) following complaints from parents, backed by Govan Law Centre.

Allegations include claims that one pupil was forced to do excessive levels of physical exercise, contrary to medical advice and that another was left to soil himself and then changed in a play area that was not designed for this purpose.

Parents of three children attending the unit at Portree High School contacted Govan Law Centre, which notified the Scottish Government through a statutory complaints mechanism. The Scottish Government has asked HMIE to visit the school to investigate the claims.

Solicitor Iain Nisbet felt the nature of the complaints was such that they should be referred to the Scottish Government.

He welcomed the action taken by ministers. "The legislation allows Scottish ministers to investigate and intervene in cases where there has been any breach of education law,".

"Because we had been approached by a number of parents from the same school, we felt it was appropriate to alert the Scottish Government to these ongoing concerns.

"I am very pleased to see the prompt and effective response of the government and will await the report by HMIE with interest."

A government spokesperson said: "Ministers have asked HMIE to visit the Portree High School special needs unit following concerns raised through the Govan Law Centre."

• Claims of neglect trigger inquiry at special needs unit The Herald, 19 Oct 2009;
• Special needs unit to be probed BBC News, 19 Oct 2009.

Posted on Absolvitor: Scots Law Online.

Labels: Children, Discrimination, Education Law, Law Centres, News, Scottish Government

In this article in the Scotsman, the Minister for Children and Young People, Adam Ingram MSP is quoted as saying that paying for lawyers for vulnerable adults at the Children's Panel is a "moral duty".

In the face of opposition concerns that new regulations would lead to an increasingly legalistic approach at children's hearings, the Minister said, in relation to parents with limited literacy and language skills: "how can we honestly expect them to have their say, to put their perspective across, without help and support?"

Quite so.

I am reminded, in listening to this, in comments made by the same Minister about representation of parents before a different statutory Tribunal - the Additional Support Needs Tribunal which is (I would argue) a more legally complex forum - "I want to make lawyers redundant in the tribunal situation, which we can do through the rules and procedures of the tribunal.".

Posted on Absolvitor: Scots Law Online.

Labels: Children, Education Law, Scottish Government, Scottish Parliament

Very exciting news, my first Sheriff Principal case is now reported in the Scots Law Times at 2009 SLT (Sh Ct) 86.

Labels: Discrimination, Education Law

An article in the Times Educational Supplement reports that a court in Germany has ruled that schoolchildren may rate their teachers online.

The Court rejected the case of a woman who argued that her pupils had infringed her rights by giving her poor grades on the popular site spickmich.de. The German Federal Court of Justice found that pupils had the right to offer their opinions so long as their teachers were not hindered professionally.

Similar controversy (though, to my knowledge, no litigation) has followed sites such as RateMyTeachers in the UK with teachers complaining about unfavourable comments from pupils.

To my mind (outside the ordinary laws of defamation) there is absolutely no reason why teachers should not be subject to pupil evaluation on the web. After all, pupils' views are now sought as an integral part of HMIe school inspection reports - which are reported online too.

Maybe it's time for a RateMyLawyer website? Or is that why we have Chambers and Legal 500?

Labels: Children, Defamation, Education Law, News, Privacy

More Primary School Maths, I'm afraid. I was also on Breakfast TV this morning with this (tho' I missed it and can't find on iPlayer or anything).

Posted on Absolvitor: Scots Law Online.

Labels: Children, Education Law, News

Spot the Govan Law Centre in this news clip on class sizes.

Labels: Edinburgh, Education Law, Law Centres, News

In this poast (sic), I just wanted to bring you up to date with my latest court outing, which just so happened to be an exciting, adventurous and - above all - victorious jolly to the Sheriff-Principal in Glasgow and Strathkelvin (my first). Extra gratifying as little ol' me from Govan Law Centre was up against the might of counsel.

It was a disability discrimination case (against an independent school) and the decision says some interesting things to say about where the onus lies in terms of the reasonable steps duty (largely with the school, as it turns out). It also confirms that a failure to take reasonable steps might lead to an exclusion being overturned - even if the decision to exclude does not amount to less favourable treatment.

You can read the full judgement here: ES. v. K. School. And you can post your congratulations in the comments box below! ;o)

Posted on Absolvitor: Scots Law Online.

Labels: Children, Discrimination, Education Law, Glasgow, Law Centres, News

Just a quick note to mark the completion this week of Stage 2 of the Education (Additional Support for Learning) (Scotland) Bill. I will probably be writing a full article for the Journal of the Law Society of Scotland once Stage 3 is done and dusted, so keep your eyes peeled for that.

The Bill has changed so much from its introduction to now, who knows what it will look like once it has completed its passge through Parliament?

Labels: Education Law, News, Scottish Parliament

From today's Herald letters page:

Judith Gillespie is right to be concerned about commercial sponsorship in schools ("Watchdog embraces business cash for schools", The Herald, March 19). The legal duty on schools is to provide an education which is directed to "the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential", not one which is directed to the development of a company's brand image or profit margins.

Consumer Focus Scotland (CFS) also recently published a guide to education law for parents which includes the following advice: "If parents object to a proposed sponsorship arrangement, they could take this up with the head teacher or education authority." It is to be hoped that parents following this advice will not find their objections dismissed on the basis of another CFS document.

Iain Nisbet, Head of Education Law, Govan Law Centre, 47 Burleigh Street, Glasgow.

Posted on Absolvitor: Scots Law Online.

Labels: Children, Education Law, News

A number of female pupils have been excluded from Grey Coat Hospital School in London in relation to an abusive facebook page about a teacher. The group was called "The Hate Society" and 29 girls signed up as members of the group.

They were all excluded from school for between 2 and 15 days, and the group has since been removed. The teacher concerned is said to be receiving counselling.

The Headteacher was reported as saying: "We can confirm that a number of pupils have been given fixed term exclusions for between two and 15 days after the school became aware of their involvement in a hate campaign about a member of staff using an open facebook group."

"While the offending material has been removed from the website, the school's decision to exclude these pupils temporarily was not taken lightly and has been designed to send a strong message to our whole school community that we do not tolerate such behaviour."

"The vast majority of parents who have been to see me about this incident are supportive of the school and understand why we have taken firm disciplinary action."

So, pupils who hate their teachers (an uncommon breed, I understand) would be best advised to keep their thoughts to the playground and not publish them online.

Labels: Defamation, Education Law, News

A unique guide to the rights of parents of school-age children in Scotland was launched today by Consumer Focus Scotland.

CFS have produced a third edition of the highly popular reference book on Scots education law The A-Z of Scots Education Law.

The book tells parents about their legal responsibilities and rights over across a wide range of issues concerning their children's education. It also makes plain what education authorities and schools must do, and what they needn't do, to meet their legal obligations.

And it was written by me!

You can even order a copy on Amazon, though I don't get a commission for extra copies sold.

Labels: Children, Education Law, News

Hot on the heels of my own heroic efforts in the case of M. v. Aberdeenshire Council and Campbell Smith's class size busting case in East Lothian Council, Petitioners, comes another parental victory in a placing request appeal to the Sheriff.

It has been reported that a couple from Helensburgh have secured a place at the Royal Blind School in Edinburgh. Argyll & Bute Council had insisted that the child's current placement at Hermitage Academy(declared interest - I was once, actually twice, a pupil there) was more suitable for her.

It turns out that they were wrong and - if the allegations made by the parents in The Scotsman are accurate - also dishonest, corrupt and malicious.

I have not read the judgement as yet, but I imagine that the (unnamed) lawyer's claim that this case will set a precedent is a little on the optimistic side.

Labels: Education Law, News

The Scottish Government has stepped in to safeguard advocacy services for parents of children with additional support needs (ASN).

The two main voluntary services that support and represent parents in Scotland challenging their child's ASN educational provision are to receive £110,000 to assist them with this work over this financial year.

Children's Minister Adam Ingram said:

"The Scottish Government wants all our children to receive an education that maximises learning and encourages development. This is particularly relevant when a child has additional support needs to be considered.

"Most local authorities are doing an excellent job in meeting these needs, however there are occasions when a parent disagrees with the approach or education provision that their child is receiving.

"The ASN Tribunal plays a vital role - listening to the two parties and finding a solution that is in the best interests of the child - and it is crucial that parents continue to get the necessary support."

ISEA (Independent Special Education Advice) Scotland will receive £60,000 to continue providing advocacy support and representation for parents at Additional Support Needs Tribunals for Scotland (ASNTS).

Govan Law Centre will be given £50,000 to fund a six month project to build up the voluntary sectors' capacity to support parents at ASNTS. They will also make recommendations on how the Scottish Government can enhance this provision from the voluntary sector in the longer term.

Mr Ingram added:

"For a parent, representing their child at a tribunal hearing can be very difficult, therefore the representation services provided by the ISEA and Govan Law Centre are invaluable.

"The funding announced today will allow these services to develop their support and provision, while longer term we are giving careful consideration to how we can further improve advocacy support to parents at ASNTS."

Under the Education (Additional Support for Learning) (Scotland) Act 2004, local authorities have a duty to give extra help to all children and young people who require additional support with their learning. ASN Tribunals hear and decide on appeals by parents over the co-ordinated support plans education authorities have in place for these children, who often need support from a range of services due to complex or multiple factors.

ISEA Scotland's main grant funder, the Big Lottery Fund, did not renew its grant this year and Ministers have intervened to allow the organisation to continue. The funding will run until the end of March 2009.

Govan Law Centre will provide training and mentoring in ASN legislation and procedure to existing advocacy groups and make recommendations as to how to best address the need for representative advocacy at ASNTS across Scotland.

Labels: Education Law, Law Centres, News

A decision of the Inner House in the case of WA's Legal Representative v. The Highland Council 2008 CSIH 51, considers the role of the Additional Support Needs Tribunal for Scotland.

WA had been refused a Co-ordinated Support Plan (or CSP) and appealed to the Tribunal against this refusal. WA's parents had also requested that assessments be carried out and it appears that the Highland Council had not properly responded to said requests, in terms of Section 8 of the Education (Additional Support for Learning) (Scotland) Act 2004.

The Tribunal found in favour of the Council and the parent appealed to the Court of Session, arguing that "the Tribunal had misdirected themselves in law in failing to ensure that they or the respondents had the information necessary to ascertain WA's additional support needs". Lords Carloway, Eassie and Reed disagreed, holding that in view of the Tribunals expert status, it had been entitled to make the findings it had in refusing WA's appeal.

Labels: Children, Education Law, News

News of an impressive brace of court victories in placing request cases for the Govan Law Centre was reported far and wide today. Thank you - you're very kind.

Court case throws key policy on class sizes into chaos (The Herald)
Why class sizes are the new West Lothian Question (The Herald)
We felt it was unfair because we couldn't get into the school (The Herald)
Landmark case "could jeopardise class size plans" (ATL - the education union)
Mother wins case to send child to school of choice (Scottish Legal)
Court action casts doubt on class size policy (The Journal Online)

So, three cheers for the Education Law Unit!

Labels: Children, Education Law, Law Centres, News

The High Court has awarded victory to a Sikh schoolgirl who was excluded from school for wearing a religious bangle, upholding a 25-year-old Law Lords ruling allowing Sikhs to wear items representing their faith.

The human rights group Liberty, representing 14-year-old Sarika Singh, successfully argued that Aberdare Girls' School in South Wales breached race relations and equality laws by excluding her since November 2007 for wearing the kara (a plain single bangle widely accepted as a central tenet of the Sikh race and religion).

Liberty filed the legal challenge in the High Court on 19 December 2007 which argued that the Governing Body of the Aberdare Girls' School had indirectly discriminated on the grounds of race contrary to the Race Relations Act 1976; breached the duty to promote equality under s71 Race Relations Act 1976; indirectly discriminated on the ground of religion or belief contrary to the Equality Act 2006; and breached the Human Rights Act 1998 Article 8 (the right to a private life).

Anna Fairclough, Liberty's Legal Officer representing the Singhs, said: "This common sense judgment makes clear you must have a very good reason before interfering with someone's religious freedom. Our great British traditions of religious tolerance and race equality have been rightly upheld today."

Noting that schools have a role to play in developing principles of religious and racial tolerance in its pupils, Mr Justice Silber said in his judgment: "Without those principles being adopted in a school, it is difficult to see how a cohesive and tolerant multi-cultural society can be built in this country ... I hope that the school will take all possible steps to ensure first that [she] can become quickly assimilated again within the school and second that there will be no bullying of her for racial or religious reasons."

Singh, of mixed Welsh/Punjabi origin, has been raised in the Sikh faith and was the only Sikh at the Aberdare Girls' School. The school's uniform policy prohibits the wearing of any jewellery other than a wrist watch and plain ear studs. When the school noticed that Singh was wearing the kara, she was isolated for two months, including during meals and physical education classes despite her offer to remove or cover the Kara during exercise, before being excluded entirely in November 2007.

The BBC News website has a good summary of recent School and religious symbol cases and, even on a cursory read, is is clear that they lack a cohesive thread. It is difficult to see why a kara bracelet is allowed, but a "purity ring" is not; or why jilbabs may be banned, but hijabs may not.

BTW, I would recommend not searching for the term "kara" on Google images - especially if your employers are interested in the kind of images you view on your work PC. Don't say i didn't warn you!

Labels: Children, Discrimination, Education Law, Human Rights, News

For some considerable time (20 years or more), people in Scotland who knew about such things would have told you that the parents of children with special educational needs (or, latterly, additional support needs) have the same rights to make a placing request as other parents. However, they were just plain wrong. We now know - thanks to the judgement of the Lord President, Lord Hardie and Lord Macphail in W.D. v. Glasgow City Council [2007] CSIH 72 - that the right to make a placing request is restricted if you child has additional support needs. Restricted, that is, to the boundaries of the local authority area in which you happen to live.

Three cheers, then to the Scottish Government who are proposing to reverse the Inner House's decision and give the parents of pupils with additional support needs the right to make a placing request to whichever school they damn well please!

However, it appears that this seemingly uncontroversial proposal has caused some concern in certain quarters. Discussion on this point has reached the national media.

Check me out! I am quoted with my Govan Law Centre hat on in these articles:

• Hope for Children who Need Help in Class, The Herald 28 July 2008
• The Hidden Cost of Choice, The Herald 29 July 2008
• Govan Law Centre Welcomes Support for Change in Classroom Choice

Labels: Education Law, Inner House, News, Scottish Parliament

The Scottish Government today published the responses to its consultation on proposed amendments to the Education (Additional Support for Learning) (Scotland) Act 2004. There were well over 100 responses including 27 from individuals and, of course, one from the Education Law Unit at Govan Law Centre, which I wrote.

• Consultation Responses
• Response by Govan Law Centre (PDF)

Labels: Education Law, Law Centres, Scottish Parliament