Overview

education

Old Square’s Education team comprises experienced specialist practitioners who regularly act in cases spanning all areas of education law. In addition, Chambers is able to draw on its in-depth knowledge of the education sector from complementary areas of law, including employment and professional discipline, to provide a comprehensive service to its clients across a wide variety of disputes.

Our team represents parents and students seeking to appeal Education, Health and Care Plans before the First-Tier Tribunal, and in discrimination claims before the Tribunal or County Court. The team also acts in appeals and judicial review proceedings arising out of such claims.

We also represent teachers in proceedings before the NCTL (National College of Teaching and Leadership) in England and the EWC (Education Workforce Council) in Wales, and in employment disputes, internal disciplinary hearings and other regulatory matters.

In addition, Old Square is instructed by universities, colleges, independent schools, academy trusts, maintained schools, local authorities and teaching unions in disputes at all levels, ranging from discrimination cases in the tribunals to matters argued before the Supreme Court (as in the recent case of Hartley and others v King Edward VI College [2017] UKSC 39, where members of Old Square represented both the Appellants and Respondent).

The team routinely accepts instructions on a direct access basis. We also provide training and talks to law firms, charities, parent groups and other organisations.

Relevant instructions include:

  • Successfully appealed the contents of an Education, Health and Care Plans before the First-Tier Tribunal, securing the young woman a full-time placement at a specialist independent college, at a cost of £60,000 p.a., where she would receive provide a vocational ‘“waking day’” curriculum. Further details are available here;
  • Secured a favourable settlement in a claim for disability discrimination and breach of contract brought in the county court by a disabled medical student who had been deregistered by his university. The student has now returned to his course;
  • Successfully resisted an application for strike out and/or summary judgment on behalf of a disabled PhD student in her county court claim for disability discrimination and breach of contract against her university;
  • Secured the quashing of a school exclusion decision by the Independent Review Panel in a case of a child with Special Educational Needs who did not yet have a formal diagnosis;
  • Advised a major private secondary school in relation to allegations that their teaching staff had failed to safeguard children in their care, and their referral to the National College of Teaching and Learning (NCTL) for the same;
  • Represented a top UK University at an appeal hearing brought before the Dean to determine whether the University had failed to accommodate the special educational needs of an architecture student who was not awarded her degree.
  • Successfully defended an international chain of independent schools at the SEN Tribunal against disability discrimination allegations that a dyslexic pupil’s needs were not adequately accommodated leading to poor A level performance.
  • Represented a teacher in employment tribunal proceedings and in proceedings before the NCTL. The teacher was accused of failing to disclose her relationship with someone convicted of possession of indecent photographs of children. The case attracted national media coverage;
  • Advised Ofsted on issues concerning Independent Schools.
About cookies on our website

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)