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Education Law

At No5 we offer a full range of advice and representation on all educational matters. Our experienced team of barristers accepts instructions from parents, NGOs including charities, schools, colleges, universities and Local Education Authorities and school governing bodies, both from the maintained and the independent sectors. Our teams expertise overlaps with our strengths in public law, human rights, employment and misconduct and compliance.

Members of our team have been involved in the establishment and operation of academies and free schools, reinstatement of excluded pupils, the jurisdiction of the First-tier Tribunal the contents of Statements of Special Educational Needs and the inclusion into mainstream of pupils with SEN.

  • Special educational needs including appeals to the First Tier Tribunal (formerly Special Educational Needs and Disability Tribunal), appeals from the FTT to the Upper Tribunal (formerly High Court) and above, and judicial review challenges to compel delivery of provision in a Statement of Special Educational Needs.
  • Cases in both the First-Tier Tribunal and the County Court involving allegations of discrimination including on grounds of disability, sex, race, sexual identity or religion throughout the education system (including in schools, colleges and universities).
  • GTC and other professional disciplinary matters including exclusions from schools, colleges and universities, including judicial review challenges to decisions of governing bodies and Independent Appeal Panels
  • Admissions including judicial review and discrimination challenges to admissions criteria decisions of Admissions Appeal Panels.
  • School closures and school re-organisations including in relation to academies and free schools.
  • Employment questions that are specific to the education field in both maintained and Independent schools
  • Educational negligence and other damages claim in both maintained and independent schools.
  • Qualifications Bodies. e.g.: Office of Qualifications and Examinations Regulation (Ofqual), European Qualifications Framework (EQF), Department for Children, Education, Lifelong Learning and Skills (DCELLS), Council for the Curriculum, Examinations and Assessment (CCEA).
  • Governance and funding

A number of our barristers are currently appointed to the Attorney General’s panel to advise central government.

We accept direct access instructions and are also able to provide legal assessors to advise and support independent lay panels dealing with a wide range of educational issues.