Education law

The Education law unit is part of our Public and regulatory law group. Members of the unit advise and represent parents, children, local education authorities, school governing bodies (independent and maintained), further and higher education institutions, students, and charities and voluntary organisations, on the complete range of disputes that arise at all stages on the path of education from nursery to university.

Examples of the main areas in which disputes arise, and upon which members are called upon to advise and represent, are:

  • School Admissions (including nursery and infant class admissions)
  • School Exclusions and other pupil disciplinary matters
  • Discrimination (including allegations of disability discrimination before the Special Educational Needs and Disability Tribunal)
  • Special Educational Needs
  • Local Government Ombudsman (complaints to, and challenges against decisions of)
  • Negligence in the field of Education
  • Employment in Education
  • Charitable Trusts
  • Further and Higher Education
  • Universities’ Academic and Disciplinary decisions

Members appear before courts and tribunals at all levels from appeals before Governing Bodies and Independent Appeal Panels, through the Administrative Court on statutory appeal or judicial review, to the Court of Appeal. Members combine their education practices with similarly extensive practices in the associated and complementary fields of public law, professional negligence, and employment, and are thus able to bring a depth of experience and range of skills which are demanded in the field of education, requiring as it does principally:

  • analysis and construction of a comprehensive statutory framework, and scrutiny of the manner of its implementation;
  • an understanding of the extent of, and limits to, duties owed by professionals to individuals in the field of education;
  • proper regard to due and fair process in decision-making on matters which often involve complex factual disputes in a public law context.

Guy Opperman regularly advises and represents schools and authorities in exclusion decisions and negligence issues. Lachlan Wilson taught for some years before coming to the Bar, and now conducts cases involving education law issues at all levels from the Special Educational Needs and Disability Tribunal to the Court of Appeal. Michael Tomlinson is the newest recruit to the Unit and an equal participant in the presenting of seminars to local authorities on the latest developments in Education Law.

Individual and fuller profiles for each member can be viewed by clicking on the members’ names. Additionally, members offer seminars and lectures on Education Law issues. Further details can be obtained from the specialist clerk to the Public and Regulatory Group: David Phillips.