Fiona Scolding KC and Galina Ward KC review recent cases in education law and provide insight and practical tips for both public bodies and individuals litigating in this area.

The second episode considers how the courts are approaching attempts to enforce the statutory requirements that cash strapped local authorities are increasingly failing to meet, including the ongoing debate about the boundary between education and social care and how to approach recommendations made under the National Trial (R (LS) v LB Merton [2024] EWHC 584 (Admin)), the circumstances in which a mandatory order will be made requiring the LA to provide what is specified in an EHCP (R (HXN) v London Borough of Redbridge [2024] EWHC 443 (Admin)), and the time limits for statutory assessment following a successful appeal (R (W) v Hertfordshire CC [2023] EWHC 3138 (Admin).

Fiona Scolding KC and Galina Ward KC review recent cases in education law and provide insight and practical tips for both public bodies and individuals litigating in this area.

Fiona and Galina have between them been involved in litigating almost every facet of education law. In the first episode they discuss the approach of the courts in recent cases under the Human Rights Act and Equality Act in the context of the Michaela School prayer ban, including the extent to which the ability to pray in school engages Article 9 of the ECHR, justification for any interference with that right, and whether the ban was discriminatory (R (TTT) v Michaela School [2024] EWHC 843 (Admin)) , as well as the application of the PSED when preparing EHCPs (R (AI) v LB Wandsworth & Secretary of State for Education [2023] EWHC 2088) and the need (or otherwise) for medical evidence to trigger a requirement for reasonable adjustments (Bristol University v Abrahart [2024] EWHC 299).

Part 2 will be released next week.