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Started by Bush, April 30, 2014, 04:41:48 PM

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Bush

This may be of use to some (legislation relating to education in the U.K):

http://www.underhill.nildram.co.uk/law.htm


Booosh

Bush

Does anyone have any comments regarding this case law(taken from above link):

However, case law (Phillips v Brown, Divisional Court [20 June 1980, unreported] Judicial review by Lord Justice Donaldson, as he then was) has established that an LEA may make informal enquiries of parents.

Lord Donaldson said:

    "Of course such a request is not the same as a notice under s 37 (1) of the Education Act 1944 (now s 437 (1) of the 1996 Education Act) and the parents will be under no duty to comply. However it would be sensible for them to do so. If parents give no information or adopt the course .......... of merely stating that they are discharging their duty without giving any details of how they are doing so, the LEA will have to consider and decide whether it 'appears' to it that the parents are in breach of s 36. (now s7 of the 1996 Education Act.)"

Bush

At first glance it looks as if the legislation gives the LEA the ability to exercise power against parents (assessment of education and ultimately school attendance orders) without evidence when the burden of proof lays with them.