Sinclairs Law
2 Experts
8 Contributions by Sinclairs Law Experts
PRACTICE NOTES
The main rights that a child has in school are:
the right to education
the right to receive care and protection comparable to that a reasonable parent would provide
The former is set out in statute, while the latter stems from common law.
The UN Convention on the Rights of the Child 1989
The UK government aims to honour the UNCRC 1989, although individuals cannot enforce it directly. It seeks to afford children various rights, including:
the right to have their views respected
the right to an adequate standard of living
the right to education
The Human Rights Act 1998
In education law, the Human Rights Act 1998 most notably protects:
the right to freedom of thought, conscience and religion
the right to education
the right to a fair trial
Strictly speaking, the right to education is a guarantee against being denied
Local Government
PRACTICE NOTES
Home-to-school transport (early years) in England
Local authorities in England can offer home-to-setting transport for children in early years provision outside schools and may lawfully make a charge for providing it.
Home-to-school transport (compulsory school age) in England
Travel arrangements for eligible children
Unless, and until, an approved school travel scheme is in force—something that will not now occur; see below—a local authority in England must put in place whatever travel it considers necessary to ensure every eligible child of compulsory school age can reach their relevant educational establishment and return home. This does not have to be a door-to-door service, as confirmed in R (M&W) v Hounslow.
For an eligible child, the travel provided must be free of charge and must not require participants to incur extra costs. The DfE has issued guidance, including a model appeal process recommended for use by LAs to help resolve
Local Government
PRACTICE NOTES
FORTHCOMING CHANGE:
The Charities Act 2022 (CA 2022) obtained Royal Assent on 24 February 2022, and, as outlined in Charities Act 2022: implementation plan document, its measures are scheduled to commence in three specified and defined tranches across three phases, on 31 October 2022, on 14 June 2023 and in early 2024, respectively. For an overview of the CA 2022 provisions already brought into effect to date, see Charities Act 2022: information about the changes being introduced. The CA 2022 delivers the majority of the proposals from the Law Commission’s 2017 report, ‘Technical Issues in Charity Law’. For a synopsis (as at 9 April 2021) of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. This Practice Note is relevant solely to England, as such; there are no academies in Wales at all.
Local Government
PRACTICE NOTES
This Practice Note outlines that who owns school land and buildings is chiefly determined by the school’s category, and examines ownership across community schools, voluntary schools, foundation schools, academies and free schools. It highlights renewed attention to the School Sites Act 1841 (SSA 1841), under which landowners were encouraged to gift plots for local schools on the understanding that, if a school later closed, the site would revert to the original donor. It also addresses provisions allowing schools to serve community uses such as elections.
Ownership of school land and premises
In broad terms, the ownership of school sites and playgrounds, school buildings and playing fields is largely dictated by the type of school.
Community schools
At ‘community’ schools, the land and premises are owned by the local authority for the area in which the school sits (that is, the county council, borough council or unitary
Local Government
PRACTICE NOTES
This Practice Note summarises school admission appeals and the legal framework in England and Wales. It outlines the two-stage process and the infant class size route, who may sit on panels, how hearings are arranged and run, and the further remedies available if an appeal is unsuccessful.
Legislative framework for school admissions and appeals England
In England, the framework for admission appeals comprises:
the School Standards and Framework Act 1998 (SSFA 1998)
the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012, SI 2012/8
the School Admissions (Appeals Arrangements) (England) Regulations 2012, SI 2012/9
statutory guidance, ‘School admissions appeals code 2022’ (appeals code) (issued under SSFA 1998, s 84), which uses ‘must’/‘must not’ where duties are mandatory
statutory guidance, ‘School admissions code 2021’ (admission code) (issued under SSFA 1998, s 84), which uses
Local Government
PRACTICE NOTES
‘Working together to improve school attendance’ is statutory guidance from the government that explains the considerations to which all schools, trusts, governing bodies and local authorities must have regard when striving to secure consistently high attendance across England. It clarifies that this guidance should be read alongside other documents, notably the statutory ‘Keeping children safe in education’...
Compulsory school age
Children who are of compulsory school age must receive an education, which does not have to take place in a school setting. When judging whether a child’s attendance is adequate, the first question is whether the child has reached compulsory school age.
when they reach five years old, if that birthday falls on a prescribed day; and
otherwise, from the beginning of the next prescribed day after their fifth birthday
The prescribed days for the commencement of compulsory school age are 31 August, 31
Local Government
PRACTICE NOTES
Devolution settlements in the UK
Within the UK’s devolution arrangements, devolved governments can only legislate in fields where they hold competence. The accompanying table sets out the extent of legislative competence for both the Scottish Parliament and the Senedd Cymru. For further reading, consult Practice Notes: An introduction to devolution in Scotland, Wales and Northern Ireland; Structure and operation of the Scottish Parliament; and Structure and operation of Senedd Cymru...
Public Law
PRACTICE NOTES
This Practice Note provides a brief overview of the law of special educational needs (SEN) in Wales.
It summarises the framework under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 concerning additional learning needs (ALN), together with the transitional arrangements brought about by this reform. For coverage of SEN in England, see Practice Note: Special educational needs in England under the Children and Families Act 2014.
ALNET(W)A 2018, partially in force (with certain provisions in force from 1 September 2025), applies to the following pupils:
children with newly recognised ALN;
children who are detained;
children in Nursery Years 1 or 2, or Years 1, 3, 5, 7 or 10, already receiving additional learning provision (ALP) through school action or school action plus;
children attending a maintained school or Pupil Referral Unit who are looked after, or who are
Local Government
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