JAFLAS - Turning Law into Justice   

Turning Law into Justice

Education and Children

We advise about how best to make representations at: -

 

·         Exclusion hearings

·         Admission appeals

·         Attendance panels

·         Special Educational Needs reviews and Appeals

·         Further and Higher education hearings

·         Representations to the Visitor and Vice

·         Complaints, grievances and referrals including Student Finance England Appeals

·         Judicial Reviews

·         Statutory Appeals

 

 

We understand what makes good boards tick and how to reach out to governors and academics when it really counts. Coupled with a thorough working knowledge of the law this enables you to secure fast effective measures which both parties can work with.

 Private Law, representing mothers, fathers, grandparents and others in disputes relating to:

  • Parental Responsibility
  • Residence, including shared residence
  • Contact
  • Special Guardianship Orders
  • Prohibited Steps Orders, including removal from the jurisdiction and injunctive relief
  • Specific Issue Orders, including contested medical treatment and prevention of a change of name

Public Law, representing parents, children and others in disputes with Local Authorities relating to:

  • Care Orders and Emergency Protection Orders, including emergency hearings
  • Supervision Orders
  • Secure Accommodation Orders
  • Child Protection Investigations
  • Adoption


Wardship, including international child abduction.

Other types of work dealt with recently by the team include:

  • Parallel criminal and care proceedings
  • Child abduction
  • Medical treatment of children
  • Lesbian and gay parenting issues, including adoption and shared residence
  • Grandparent carers
  • Cases involving the Official Solicitor
  • Difficult issues involving mental health, addiction and learning disabilities
  • Cases with a foreign element, including inter-country adoption
  • Declarations of parentage
  • Care cases involving difficult medical issues
  • Advising foster carers
  • Matters relating to adoption panel procedures

 

We can provide advice and representation on all aspects of special educational needs, including advice on and help with assessment of needs, suitable educational provision for such needs, appeals to and from the Special Educational Needs and Disability Tribunal and enforcement of children's entitlement to statemented SEN provision.

Issues faced by young people include:

  • School admissions
  • Exclusions, reinstatement, and post-exclusion provision
  • School transport issues
  • School attendance
  • Bullying
  • Sex, race and disability discrimination
  • Home tuition issues
  • Children out of school
  • School closure and rearrangement proposals
  • Disputes with independent schools
  • Disputes with city academies
  • Negligence claims
  • Judicial reviews
  • Complaints procedures
  • Students from overseas
  • Human rights and public law issues


Educational issues affecting adults include:

  • Contract and other disputes with further and higher education institutions
  • Disciplinary, complaints and appeal procedures
  • Complaints to University Visitors
  • Further education grants and loans
  • Judicial Review
  • Provision for adults with disabilities
  • Human rights and public law issues
  • Education Providers & Practitioners

 

Only people with parental responsibility, for example parents, step-parents, guardian or a person with whom the child has lived for at least 3 years can make an application for a Contact Order. Grandparents can, however, apply for permission (leave) to apply for a Contact Order and the courts will consider the following:

  • The applicant's connection with the child
  • The nature of the application for contact
  • Whether the application might be potentially harmful to the child?s well-being in any way

If you are successful, you can apply for a Contact Order through the court. If one, or both parents raise objections you are likely to have to attend a full hearing in which both parties can put forward their evidence. It is essential that you are receiving good legal advice at this stage because you will need to persuade the court that you have a meaningful and ongoing relationship with your grandchildren which significantly benefits their lives.

 

The court will always consider all the child's circumstances and must only make an order where they consider it better for the child than making no order at all. For example, they might have to weigh up whether your continuing contact with the child might have a negative impact on the rest of the family relationships: again it is only in extreme circumstance that a court will refuse contact and we will advise you on the merits of your case early in the dispute.