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Higgs v Farmor’s School and (1) the Archbishops’ Council of the Church of England, (2) the Free Speech Union Ltd others as interveners), the Association of Christian Teachers, (4) Sex Matters, (5) the Equality and Human Rights Commission (as interveners) [2025] EWCA Civ 109 A school worker’s success is set to shape how employers and tribunals approach cases where staff spark outrage by airing an increasing range of legally protected views, commonly online. Justice Nicholas Underhill, writing for a unanimous panel, confirmed that employers carry the burden of proof to show any disciplinary step is “objectively justified”. Free speech supporters welcomed the judgment as a landmark in human rights law, granting employees broad room to use unrestrained and provocative language. Susan Kelly, partner at Winckworth Sherwood LLP, said it re‑emphasised the democratic importance of workers being able to say what they believe, “whether or not that belief is popular or mainstream”. Andrea Williams, chief executive of the Christian Legal Centre, stated the ruling declares “loud and clear that...
In this issue: Social care Social housing Local government finance Public procurement Governance Education Healthcare Social care Children’s social care Planning Daily and weekly news alerts New and updated content Social care Social care Administrative Court requests Court of Justice preliminary ruling under UK-EU Withdrawal Agreement in universal credit and domestic violence case (R (BZ) v SSWP) In R (BZ) v Secretary of State for Work and Pensions, the court’s focus was whether a reference to the Court of Justice for a preliminary ruling should be made under Article 158(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (WA). At paragraph [104], Mr Justice Chamberlain explained that power to seek the Court of Justice’s view on the meaning of Article 17(2) exists only where resolving that point is necessary to deliver...
Part 3 of the Children and Families Act 2014 (CFA 2014) Part 3 of the CFA 2014 sets out the primary statutory framework for children and young people in England who have special educational needs or disabilities (SEND). It brings in ‘Education, Health and Care plans’ (EHC plans), which specify the support that must be delivered to meet identified educational needs. This support can be available to young people up to the age of 25 throughout England. See Practice Note: Special educational needs in England under the Children and Families Act 2014. For the position in Wales, see Practice Note: Special educational needs law in Wales, respectively. Compulsory school age runs until the last Friday in June in the year a young person turns 16. For the purposes of the CFA 2014, anyone above compulsory school age but under 25 is treated as a ‘young person’. Young people with Special Educational Needs (SEN) who wish to pursue further education are entitled to have their EHC plan...
The principal statute governing Education, Health and Care (EHC) plans is the Children and Families Act 2014 (CFA 2014). Sections 36–51 of the CFA 2014 cover EHC needs assessments and EHC plans. These provisions are supplemented by: the Special Educational Needs and Disability Code of Practice (COP), Chapter 9; the Special Educational Needs and Disability Regulations 2014, SI 2014/1530; and case law from 2014 onwards, in which the Upper Tribunal and other courts have interpreted the legislation, the regulations and the COP, and how they interrelate. This Practice Note concentrates on the rules for EHC needs assessments and the format and content of EHC plans. For guidance on who may request an EHC assessment and the factors local authorities (LAs) must consider when deciding whether an EHC assessment is required, see Practice Note: When must a local authority carry out an EHC needs assessment? For further reading on matters concerning EHC needs assessments and EHC plans for young people over 19, see Practice Note: Post-19 education for young people with...