MISSION STATEMENT
OF THE EDUCATION DEPARTMENT
We aim to provide the highest
level of service, always in the best interests of
the Client in the most cost-effective way. The
Department has a commitment to providing a
sympathetic service to clients of limited means, who
would otherwise go unrepresented.
THE EDUCATION DEPARTMENT
The Education Law Department
is a large and growing High Court litigation
practice based in Fleet Street. The Department has
first class IT and administrative support and has
the capacity to expand its education practice beyond
the five fee earners it has at present. Miss Mawji,
the Head of Department, is supported by three young
and vibrant solicitors (Anita Chopra, Leena Hurloll
and Shejal Patel), and one up-and-coming Trainee
Solicitor (Richard Spector) who, with their own
individual qualities, come together to bring a new
and fresh perspective to Education Law. The
Department’s creative culture has allowed these
professionals to push the boundaries of Education
Law and pioneer arguments to form a frontier of
justice for all children and students who have been
failed by the system. Both Miss Mawji and Miss
Chopra are featured in the Legal Expert book as
experts in their fields.
The Department conducts
Education and Public Law Litigation including:
| |
appeals to the
Special Educational Needs and Disability
Tribunal |
| |
appeals from
the Special Educational Needs and
Disability Tribunal to the High Court |
| |
judicial
reviews (challenging local authority
decisions) of:
- exclusions
- admissions
- special educational needs decisions
- school transport
- education-related issues
- provision of education
- school bans
- visitors’ decisions |
| |
human rights
abuse by governing bodies, LEAs,
universities and the Secretary of State
for Education |
| |
educational
negligence |
| |
bullying
|
| |
race, sex and
disability discrimination claims for
compensation in the County Court and the
High Court. |
| |
data
protection claims in the Educational
context |
| |
internal
disputes within schools and Local
Authorities |
| |
internal
appeals in Further and Higher Education
Institutions including appeals to the
Visitor |
| |
breach of
contract |
| |
fees-related
disputes at University |
SOME EDUCATION CASES
UNDERTAKEN BY THE EDUCATION DEPARTMENT
The Department has acted for
the Claimant in:
R -v- London Borough of
Havering Ex Parte K [1998] ELR 402 – the leading
case in school transport
R -v- Head Teacher and
Independent Appeal Committee of Dunraven School Ex
Parte B [1999] ELR 156 - the leading case on
exclusion procedure
W -v- Gloucester CC [2001] - a
case changing the role and conduct of a Special
Educational Needs and Disability Tribunal
(“SENDIST”)
CB -v- The London Borough of
Merton The Special Educational Needs Tribunal [2002]
ELR 441 - the first UK education Human Rights Act
case on the right to family life.
S, T and P -v- London Borough
of Brent and Others; Oxfordshire County Council Head
Teacher of Elliott School and Others; Secretary of
State for Education and Skills [2002] ELR 556
P -v- NASUWT [2003] ELR 357 -
the first case where a student sought an injunction
against a teaching union
The Queen on the Application
of B -v- The Head Teacher of Alperton Community and
Others; The Queen on the Application of T -v- The
Head Teacher of Rugby High School and Others; The
Queen on the Application of S -v- The London Borough
of Brent and Others [2001] ELR 537 - this was the
first UK education Human Rights Act case on
exclusions and admissions.
W -v- Berkhamstead School
[2002] - a case where the High Court ordered the
return of a pupil to an independent school after he
was permanently excluded.
R (DR) -v- Head Teacher and
Governing Body of S School and Independent Appeal
Panel of W City Council; R(AM) -v- Governing Body of
K School and Independent Appeal Panel of the London
Borough of [2003] ELR 104 – the exclusion case
regarding the “two bites of the cherry” argument in
relation to the exclusion appeals process
R (T by her mother and
litigation friend A) -v- Head Teacher of Elliott
School and Others [2003] ELR 160
Carty (by his litigation
friend Dorothy Brown-Carty) -v- The London Borough
of Croydon [2004] ELR 226
R (G by way of his litigation
friend RG) -v- Westminster City Council [2004] ELR
135 CA
The Queen on the Application
of A -v- Governing Body of K School and Independent
Appeal Panel of the London Borough of Enfield [2002]
ELR 631
Amit Varma v Visitor of
Cranfield University [2004] EWHC 1705 (Admin)
