Look at me! Look at me! I'm in the Scotsman, and on St. David's Day as well - how ironic.

In case you're wondering why I'm not quoted, it's because I forgot to phone the journalist back until he'd gone on holiday! So the following has been cribbed directly from our website, I think.

" Mr Nisbet is a partner at GLC and head of its national Education Law Unit, which he set up in 2002 soon after joining GLC. He acts for parents and pupils in education cases involving discrimination or additional support needs, but also offers training or advice on all aspects of education law to education bodies and schools. "

PS. Just realised that the heading is richer in innuendo than I had intended. No matter - you know what I meant!

Labels: Law Centres, News

I learn, from eGovmonitor, that a new business model for law centres in England & Wales is being piloted with the South West London Law Centres (SWLLC).

Support from the Ministry of Justice, together with investment from a number of large city firms, has been developed into a joint project between government, SWLLC, the Law Centres Federation, city law firms and independent funders. The centre, which had been in financial difficulties, is now the focus of a new business model designed for more sustainable operations in law centres and other specialist advice providers.

Legal Aid Minister, Willy Bach is quoted as saying: "Law centres deliver vital civil law advice and representation to hundreds of thousand people every year across England and Wales. They are responsible for transforming people's lives, helping them stay in their homes, keep their families together and get into employment and education."

In terms of cold, hard cash the package includes £235,000 from the Ministry of Justice and £80,000 from private funders including big, shiny law firms Clifford Chance, CMS Cameron McKenna, Lovells & Simmons & Simmons.

I like the idea of large commercial firms paying towards the costs for funding law centres - but what happens if you are due to be represented by the law centre, and your landlord / employer / creditor is represented by one of the firms which help to fund it?

If the law centre is making life too difficult for their funders and opponents, does that put at risk future donations? Or if the relationship is too cosy, does that mean that clients will lose confidence in the law centre?

Watch this space, as if the pilot is a success it will surely be considered as a model north of the border before too long.

Labels: Law Centres

The latest Absolvitor offering on the Yell.com solicitors' blog is a piece which asks the question "Are pre-paid card charges legal?".

And before you ask, this is not a variation on the bank charges campaign theme. In fact, this is a more serious, potentially far more sinister issue.

As concerns rise that some pre-paid card firms are targeting poorer areas of Glasgow with their wares, the situation many benefit claimants find themselves in involves card firms skimming off an admin fee for receiving their money and another fee for releasing it through an ATM or similar. The charges vary from card to card, but if social security benefits are meant to be inalienable (which they are) then is it legal to take a cut before the claimant can get at their money?

To put it another way, if it is/was a criminal offence for someone to take your benefit book (even with your permission) receive your social security money, then take a proportion to satisfy a debt before passing the remainder on to you - then why is this okay?

Join the debate at the Govan Law Centre blog.

Labels: Glasgow, Law Centres, Yell.com Solicitors Blog

First, welcome to my 200th post since Absolvitor became a blawg. Well done me!

Second, you can now read my latest website review for the Journal of the Law Society of Scotland. It's called "Centres of Attention" and focuses on the websites of new(ish) law centres in Scotland, including:

• Govanhill Law Centre,
• Fife Law Centre,
• Renfrewshire Law Centre, and
• Ethnic Minorities Law Centre.

Posted on Absolvitor: Scots Law Online.

Labels: Journal Website Reviews, Law Centres

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

Scotland's newest law centre, Fife Law Centre, officially opens its doors for business tomorrow, meeting the unmet legal needs of the good people of the Kingdom of Fife.

The launch, in Kirkcaldy, will be attended by Principal Solicitor Afshan Rathore; Elish Angiolini QC the Lord Advocate; and Derek O'Carroll, Advocate.

Posted on Absolvitor: Scots Law Online.

Labels: Events, 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

Local pressure group, Communities Opposed to New Coal at Hunterston (or CONCH) are to launch a legal challenge to plans for a new coal-fired power station at Hunterston. The judicial review of the plans is to be brought on the grounds that the Scottish Government have not consulted the public according to standards required by European law and that assessments that were carried out did not adequately examine alternatives to a coal-fired power station.

The campaigners claim that the Scottish Government have failed to comply with their obligations under the Environmental Assessment (Scotland) Act 2005 and the European Directive on Strategic Environmental Assessment (Directive 2001/42).

Maggie Kelly, of CONCH and a local resident, said: "The proposed power station would have a devastating impact on our community, damaging our health, our livelihoods and destroying the local environment. It would also mean unnecessary and damaging increases in Scotland's CO2 emissions leading to further climate chaos which will affect us all: across Scotland and globally. Yet under the National Planning Framework, we have been denied the opportunity to object to this major development."

Hunterston coal fired power station was a late addition to the Scottish Government's National Planning Framework (NPF) and was first mentioned four months after the main consultation was closed. As a result the public were unaware that this major development was proposed until it was too late to comment. Once developments are named in the NPF it is almost impossible for people to object to them. People can influence details such as the design and landscaping when the application goes in, but basically the presumption is that the development will go ahead.

According to The Guardian the campaigners are to be represented by the Environmental Law Centre Scotland Limited, who appear to be hosted by Jon Kiddie's Renfrewshire Law Centre (the law centre formerly known as Paisley) and about which I know nothing else.

Still, the fight seems a good one and therefore, good luck to all concerned.

Posted on Absolvitor: Scots Law Online.

Labels: Environmental Law, European Law, Law Centres, News, Scottish Government

Congratulations to Govan Law Centre on winning the prestigious Chairman's Award at the Law Awards of Scotland 2009.

If you look very carefully through the picture gallery on the Awards website, you may find a pic of me, strutting my stuff on the dance floor at the party afterwards!

Posted on Absolvitor: Scots Law Online.

Labels: Law Centres, News

Back from my holidays and Perth Sheriff Court and just reading this article in The Herald about Consumer Focus Scotland's findings on how user-unfriendly the courts are.

The findings were that the "dearth of information" people received before and during their case "appears to heighten their levels of fear and anxiety". And that therefore, party litigants should be allowed to bring "Mackenzie friends" with them to court.

I find it slightly strange that Parliament (which as the source of legislation must bear some of the responsibility for any complexities which arise in interpreting it, surely?) is being asked to solve the problem of non-lawyers finding court too complex by ... um ... sending more non-lawyers into court! Is it just me, or am I missing something?

If Court is too complex or imposing or whatever for non-lawyers to access effectively, then surely, obviously, the answer is either:

1. reform the system completely, so that it is accessible to everyone (having all cases decided by user-friendly "Justice Tribunals" or somesuch); or
2. make sure that everyone can have access to a lawyer (more Legal Aid, or more Law Centres, perhaps?).

Perhaps I am indeed missing something. Maybe my Mackenzie friend can explain it to me.

Posted on Absolvitor: Scots Law Online.

Labels: Law Centres, News, Scottish Parliament

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

I simply couldn't let the birth of Govan Law Centre boss, Mike Dailly's new blawg, "Vox PopLex" pass without comment. So I haven't.

The blawg offers "life & law from a public interest perspective" - sounds good, no?

And the title? According to TranExp.com it means "Cry, the people, law!". Quite so, the law often reduces me to tears, at any rate!

Labels: Law Centres, News, site updates

In the first ruling of its kind, a judge has ordered the Royal Bank of Scotland to install a lift so that a wheelchair user can have the same access as any other customer.

Furthermore, in recognising the embarrassing treatment the young man experienced at the hands of the bank, he was awarded £6,500 - the highest ever compensation payout in this kind of case.

In taking the case against the bank with the support of the Equality and Human Rights Commission, David Allen, a 17 year-old wheelchair user from Sheffield, has secured a historic legal victory.

Since the Disability Discrimination Act came into force in 1995, a judge has never before ordered an injunction to force an organisation to make physical changes to its property so that disabled people can gain access.

Mr. Allen's case will help ensure that a great number of disabled people in Britain are able to access goods, facilities and services. His case was taken with the support of the Commission and he was represented by the Sheffield Law Centre.

David Allen's legal battle began when, contrary to signage outside his local branch of the bank and information posted on its website, he found that he could not gain access. In a catalogue of incidents, David had to discuss his current account details in the street, breaching his right to confidentiality and causing him significant embarrassment. The bank then suggested that he should use the nearest accessible RBS branch, even though it was a 10 mile journey and amounted to a two and a half hour round trip journey by bus.

Judge Dowse of Sheffield County Court ruled that the Bank discriminated against Mr. Allen by not providing physical access to wheelchair users in its Sheffield city centre branch, and that the bank made no serious attempts to make the branch accessible to wheelchair users as required under the law.

In handing down his judgement, Judge Dowse said: "In the light of the findings, I have made it is plain that David has suffered from discrimination and that he has suffered from considerable embarrassment caused by the Bank". Quoting a previous judgment, Judge Dowse described discrimination against disabled people as "a social evil".

On hearing the Court's decision, David Allen said: "I'm glad justice has been done. I only wanted them to comply with the law and provide disabled access so I could get into my bank like my friends."

Labels: Discrimination, Law Centres, News

An article from the Nearly Legal housing law blog alerts draws my attention to the imminent (well, 1st April 2009) coming into force of Section 11 of the Homelessness etc (Scotland) Act 2003.

This long awaited jigsaw piece of the legislation will require landlords to notify the local authority before taking action to recover a rented property. It will allow the authority (with the assistance of other agencies) to take early action to assist the tenant and prevent unnecessary homelessness.

Section 11 will put into statutory force the protocols agreed with many local social landlords in Glasgow as part of Govan Law Centre's prevention of homelessness project (POHP).

Labels: Glasgow, Law Centres, News, Scottish Parliament

Mike Dailly of the Govan Law Centre returns from Cameroon with news that the government there are supporting efforts to establish the country's first law centre in the region of Bamenda.

After winning verbal support from local ministers, Mr Dailly is working to raise funds for a law centre in Bamenda, to be built and run by local human rights workers. He said: "It will offer people access to lawyers they could not otherwise afford and educate them about their rights to make sure they are less vulnerable to exploitation."

This is also great news for Toto fans, as it gives me another excuse to post a YouTube clip:

Labels: Human Rights, Law Centres, 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

Mike Dailly, principal solicitor at the Govan Law Centre, is travelling to Cameroon next week to provide legal assistance to a human rights project.

He will work as a legal adviser in Cameroon alongside an African Human Rights Commissioner.

Mr Dailly, who has recently expanded the Law Centre project to include the Govanhill area, has an extensive track record in assisting in social welfare reform and expanding the rights of disadvantaged individuals under the law.

Good luck and God speed, Mike!

Labels: Human Rights, Law Centres, 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

Morag Driscoll, director of the Scottish Child Law Centre has slated plans to "streamline" the children's hearings system. The Herald reports her concerns that amalgamating reporters, safeguarders and panel members is to undermine "essential legal distance".

She is quoted as saying: "We would never do this in an adult system of justice - it would be regarded as unacceptable. The equivalent would be amalgamating a district court with the procurator fiscal and the social workers who provide the reports."

"The safeguarder is often the only person putting the child's view, .. That is often a child whose life experience has been being let down by every adult in sight. They don't trust easily. Under these plans safeguarders won't be independent and they must be. I think many safeguarders would flatly refuse to do it."

"We have a unique system. It is not perfect but it is a darn sight better then what happens in many other areas and we jeopardise it at our peril. Would you ever do this in adult system of justice? Why are children always getting the cheap end of the stick?"

Labels: Children, Law Centres, News

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

Further to news of plans for a new law centre for Fife, there's more good news in the form of Govanhill Law Centre. Govan Law Centre are to open a Govanhill Law Centre in partnership with the Govanhill Housing Association and Govanhill Community Development Trust.

Following the recent announcement that the Scottish Government is to provide funding for the project from its Race, Religion and Refugee Initiative, the doors will open for business shortly.

Labels: Law Centres, News

Yes, I'm on my holidays in Perthshire, so the blog will be updated less frequently for a little while. Of course, the Absolvitor Scots Law Firms Gazetteer has an impressive list of Law Firms in Perth & Kinross for you to browse in or to get some local colour.

In the meantime, many congratulations to my esteemed colleagues, Chala Ferguson and Maria Sharkey of the Govan Law Centre who were both nominated in the category of Trainee Solicitor of the Year in the Law Awards of Scotland 2008. Both thoroughly deserving of the prize, it should pose the judging panel a bit of a headache to separate them.

Labels: Law Centres, News

According to research conducted by Scots Law blogger Jonathan Mitchell QC, Govan Law Centre is ranked by Alexa as the top Scots Law website in all of cyberspace, ranking ahead of such sites as the Journal of the Law Society of Scotland; Faculty of Advocates; Scottish Law Commission and The Firm Magazine.

An employee of Govan Law Centre (i.e. me) was reported to have said - "Woo hoo!"

• Govan Law Centre

Labels: Law Centres, News

The Fife Rights Forum today launched its plans to set up a new law centre in the Fife area. The law centre will aim to provide community legal services to the people in Fife by a variety of means and in conjunction with an existing network of advice agencies.

The launch event was attended by Professor Alan Paterson of the University of Strathclyde, a long-time supporter of law centres.

The group hopes to secure sufficient funding to allow the new service to begin in the spring of next year.

• Fife Rights Forum

Labels: Law Centres, News