Legal Updates
Normal Day-to- day Activities
The employment case of The Chief Constable of Norfolk v Lisa Coffey was recently heard by the Court of Appeal, the latest stop in its route from the Employment Tribunal and Employment Appeal Tribunal. The appeal was dismissed. Lisa Coffey, is a police officer in the...
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Local Government Ombudsman Warns Councils that they need to check how they help people with hidden disabilities
Recent reports by the Local Government Ombudsman (“LGO”) criticised the London Boroughs of Hillingdon, Lambeth and Wandsworth for each not taking into account the adverse effects of the impairments of individuals in their own area who had a (non-physical)...
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Logjam in the Employment Tribunal
It is reasonable to assume that anyone who has recently come in contact with the First-tier Tribunal (Special Educational Needs and Disability) will be aware of the backlog which is routinely causing delays in getting cases heard. These difficulties are being caused...
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Dismissal and Evangelising
Kuteh v Dartford And Gravesham NHS Trust [2019] EWCA Civ 818 is a reminder that although s10 The Equality Act 2010 protects religion and belief, this doesn’t mean that an employee who defies their employers instructions and evangelises is not immune from dismissal....
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The Local Government and Social Care Ombudsman Update Nottinghamshire County Council (18 001 869)
S44(1) The Children and Families Act 2014 requires that a child or young person’s Education Health and Care plan (EHCp) be reviewed: in the period of 12 months starting with the date on which the plan was first made, and in each subsequent period of 12 months starting...
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The Local Government and Social Care Ombudsman criticises LB Hackney for significant delays when completing plans for children with Special Educational Needs
Reg 13(2) The Special Educational Needs and Disability Regulations 2014 requires that a local authority must send the finalised EHC plan to:- (a) the child’s parent or to the young person; (b) the governing body, proprietor or principal of any school, other...
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Disability and Relates Issues
Does the period in which an employer must take into account the protected characteristic of disability include the period after dismissal to the end of the appeal process? Yes, according to Baldeh v Churches Housing Association [2019] UKEAT 0290_18_1103 (11 March...
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School Related Anxiety
Does the decision to ensure that a child or young person’s special educational needs be met otherwise than in a school, early year’s provision or post 16-institution have to take into account school-related anxiety? Yes, according to the decision in M v Hertfordshire...
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SEND Single Route of Redress National Trial
The single route of redress national trial extends the power of the special educational needs and disability (SEND) tribunal. This means that as part of a special educational appeal, the SEND tribunal will be able to make non-binding recommendations on the health and...
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Q. What is the Test to be Applied when Considering Whether an Education, Health and Care Needs Assessment is Required?
A.) Assuming that the child or young person in question has a disability or a learning difficulty, the correct question at this stage is whether it MAY BE necessary for special educational provision to be made, NOT whether IT IS necessary for such provision to be...
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SRA Digital Badge
Solicitors Regulation Authority (SRA) Digital...
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Listen to Mandy Aulak of Talem Law Speaking on LBC on 31st October 2018
Listen to Mandy of Talem Law discussing (amongst other things) the importance of ensuring that a child has all the special educational provision needed within a school to meet their special educational needs.
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SEN Myth Buster on Talem law’s First Anniversary
To mark the first birthday of Talem Law we would like to celebrate with a myth buster addressing one of the most common queries that people put to us, namely: “My son/daughter has X special educational provision named in section F of their EHCp but it is not...
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Compulsion and a Persons Belief System.
Can a person be forced to express a belief they do not hold? No, unless coercion can be justified, says the Supreme Court in Lee v Ashers Baking Company Limited. A gay man, Mr Gareth Lee, placed an order with Ashers Bakery for a cake iced with a depiction of the...
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Transport and Special Educational Provision
Many children and young persons need transport to and from school, but can this be described as special educational provision and therefore be included in section F of an Education Health and Care plan (“EHCp”) in order to meet a clearly identified and related need in...
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