Legal Updates
Disability Discrimination – No Nonsense Guide
The disability discrimination no-nonsense guide as been produced by Talem Law working with Support SEND Kids. The guidance can be downloaded here: Disability Law in Education No-nonsense Guide 2022 Talem Law 10th November 2022...
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The Importance of Reasonable Adjustments – A Reminder on World Autism Awareness Day
By Mandy Aulak and Sean Kennedy, Talem Law. As a law firm which specialises in employment and special educational needs, we are instructed to support many disabled people who are in difficulty. Almost without exception, the problems experienced relate to a failure to...
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Reviewing an Education, Health and Care plan.
Question: Following a review meeting, do the statutory deadlines have to be adhered to if a local authority wants to amend an EHCp? Yes, said Mrs Justice Foster in the case of L & Ors, R (On the Application Of) v Devon County Council [2022] EWHC 493 (Admin)...
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Elective Home Education
This guidance from the Department of Education from April 2019 describes elective home education as “a term used to describe a choice by parents to provide education for their children at home or in some other way they desire, instead of sending them ...
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Unfairness and Impairments
Q. Is the way a remote hearing conducted unfair if it fails to take account of the effects of a person’s impairments? A. Possibly, according to Upper Tribunal Judge Ward in TC and BW v LB Islington [2021] UKUT 196 (AAC) The appellants, TC and BW, are the parents of B....
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Reasonable Adjustments – The Full Picture
When an employer is making reasonable adjustments for a disabled person, do they need to consider modifications to physical features and providing auxiliary aids as well as adjusting practices and procedures? Of course is the answer, as was recently confirmed in Mr...
read moreAn Overview of Settlement Agreements (UK)
https://www.youtube.com/watch?v=QRPc7v_WtwM
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A Knock back to Parental Challenges to Cuts in SEND Funding
Given what parents and others have had to deal with during the pandemic, many people may have missed the Judgement in AD & Ors, R (On the Application Of) v London Borough of Hackney [2020] EWCA Civ 518. This was an appeal of a decision of a judicial review in...
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Education, Health and Care Needs assessments and plans: temporary legislative changes relating to coronavirus (COVID-19)
In accordance with the rights available to the Secretary of State for Education contained in the Coronavirus Act 2020, notices were issued on the 30th April 2020 which “temporarily… give local authorities, health commissioning bodies , education settings and other...
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Learning Difficulty Research
Do different learning difficulties correspond to specific regions of the brain? No, according to a team of scientists at the MRC Cognition and Brain Sciences Unit, University of Cambridge. Nearly a third of children and young people have a learning difficulty which...
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Do Parents Matter?
Q. Are the views of parents and young people relevant when deciding what should appear in an Education, Health and Care plan (EHCp)? A. Yes! This was emphasised, yet again, in the recent case of NE and DE v Southampton City Council (SEN) [2019] . Granted this is also...
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Special Educational Provision – Who is Responsible?
Q. If special educational provision is identified in section F of an Education, Health and Care plan (EHCp), is it the responsibility of the local authority who maintains the document to ensure this provision is provided? Most definitely, yes! It is surprising why...
read moreHappy 2nd Birthday to Talem Law
Report on Special Educational Needs and Disabilities (SEND) published by the House of Commons Education Committee
The report on Special Educational Needs and Disabilities published by the House of Commons Education Committee on 23rd October 2019, will, one would imagine, be welcomed by most people involved in this area – even though some of the terminology in the report is...
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People with disabilities in employment
A recent House of Commons briefing by Andrew Powell provides a position statement on the experiences of disabled people in employment. Further details can be found HERE The paper provides some interesting information which we would like to share. By way of a...
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