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In this issue: Social housing Education Children's social care Social care Healthcare Governance Licensing Planning Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Homelessness suitability—human rights and religious freedom (Ghaoui v LB Waltham Forest) Reported to be the first ruling to consider Article 9 of the European Convention on Human Rights (ECHR) (freedom of thought, conscience and religion) alongside the assessment of whether accommodation provided to discharge a homelessness duty under the Housing Act 1996 (HA 1996) is suitable. The appellant maintained that the offer of accommodation to fulfil the main homelessness duty was inappropriate because the respondent council had not properly taken into account the consequences of their decision to keep their children in a local faith school. The appeal was dismissed. The judgment offers guidance to local authority officers and applicants’ representatives on addressing suitability, location...
In this issue Education Planning Public procurement Social housing Children's social care Social care Governance Local government finance Licensing Daily and weekly news alerts New and updated content New Q&As Education Court’s powers in appeals against teacher discipline orders (Daniah v SSE) In Daniah v Secretary of State for Education, two appellants brought High Court challenges to teaching prohibition orders made under section 96 of the Education and Skills Act 2008 (ESA 2008). They had previously been convicted of operating an independent educational institution without valid registration, contrary to ESA 2008, s 96(2). The High Court determined that the appeal regarding the prohibition orders was limited to a review of the decision to impose them, not a re-hearing. It further held that the appeal could not reopen the factual findings from the criminal proceedings; the appellants were required to accept that those findings were not open to challenge on appeal. Written...
In this issue: Road traffic accidents Claims involving fraud and fundamental dishonesty Damages CRU and NHS charges Case management Other PI and clinical negligence developments LexTalk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Road traffic accidents High Court dismisses child’s claim for negligence in road traffic accident The King’s Bench Division in Gadsby (a protected party by her mother and litigation friend Ms Laura Youmans) v Hayes (formerly Emms) dismissed the claimant’s negligence action against the driver. Aged 12, the claimant was on a pedestrian crossing returning from school when a Vauxhall Astra driven by the defendant ran into her, causing severe injuries. The court concluded that: Applying established principles to the evidence, the defendant bore no liability in negligence for the injuries; Having regard to the Highway Code—particularly that motorists should travel very slowly near schools—the circumstances did not require progressing at a...
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 registered at more than one setting; children who are looked after but are not looked after children who are in the...
CASE HUB ARCHIVED This archived case hub reflects the position as at the decision date of 12 January 2017; it is no longer maintained. See further, timeline and commentary... Case facts Outline UK merger review into the completed purchase by VTech Holdings Limited of LeapFrog Enterprises Inc. The deal features horizontal overlaps in UK markets for toddler electronic learning toys and children’s laptops/tablets... Latest developments On 12 January 2017, the CMA gave unconditional clearance to the transaction, confirming its provisional conclusions... Parties VTech Holdings Ltd (VTech), a Hong Kong-based business, is a worldwide supplier of electronic learning products from infancy through pre-school. LeapFrog Enterprises Inc (LeapFrog), a US-based educational entertainment firm, designs, develops and sells technology-led learning products and related content for children from infancy into school years. Background On 5 February 2016, the parties announced VTech’s agreement to acquire LeapFrog for US$72m. Completion followed on 4 April 2016. The CMA issued an initial enforcement order...
This review outlines the principal updates to the Immigration Rules (the Rules) contained in HC 877 that will most concern business immigration advisers. HC 877 was laid on 11 March 2016, accompanied by an Explanatory Memorandum (EM). This notice excludes amendments to Tier 2 of the Points-Based System (PBS) recommended by the Migration Advisory Committee (MAC) in its January 2016 report, as the Home Office has not yet issued a formal response to the MAC review. Revisions to the Immigration Rules for Tier 2 are expected in the summer or autumn. Be aware that two sets of corrections were placed on the opening pages of HC 877 in March 2016, before the Statement took effect. You can jump to individual subjects swiftly via the Contents bar. Implementation Unless specified otherwise, the amendments apply to applications submitted on or after 6 April 2016. Applications filed before this date will be determined under the Rules in force as at 5 April 2016. Definitions Apart from definition changes that...
[ Insert in para 8.2 of claim form ET1: ] I serve as a [ magistrate ] and, to discharge my responsibilities, require [ 20 ] days away from work each year. From [ insert date ], the Respondent has permitted only [ 15 ] days’ absence to carry out these functions [ plus an additional [ 5 ] days relating to my role as a governor of a maintained school ]. On [ insert date ] I requested further leave on [ insert date ] to undertake my magistracy, yet the Respondent declined the request without reasonable grounds. Those extra absences would not have detrimentally impacted the Respondent’s business operations. My claim is for: a declaration that my claim is well-founded; compensation. ...
Under the Education Act 1996 and the Education (School Day and School Year) (England) Regulations 1999, schools are legally required to operate for at least 380 sessions, or 190 days, during each academic year in England...