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Expert legal remedies for children with special educational needs

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Do I Have a Case?
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ELU's Case Work Latest

DO I HAVE A CASE?
Pupils and parents have never had so many rights in the field of education and yet, it is still difficult to tell whether or not a legal case is appropriate.  There are number of different circumstances in which resorting to the law can be of assistance, but in particular, you may have a case if:

you have been excluded from school unfairly;
you have been refused your first choice of school by the education authority;
you are not getting the extra help you need at school;
you have been injured at school and it is the school’s fault;
your school is discriminating against you without justification;
your school have refused to let you see files which relate to you;
you have been served with an attendance order;
you have special needs which the education authority have not recognized;

etc. etc. etc.

If you would like to discuss one of these issues with a qualified solicitor who practices education law please e-mail us on advice@edlaw.org.uk or telephone/textphone on 0141 445 1955.  We are able to advise you on these and many other types of cases and, if appropriate, can refer you to a solicitor who can help you further.

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FINDING A SOLICITOR

It is not always easy to find a solicitor who practices education law.  You could try contacting the Law Society of Scotland or you could use a Scots law web portal like Absolvitor.  Alternatively, please e-mail us on advice@edlaw.org.uk or telephone/textphone on 0141 445 1955.


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ELU'S CASE WORK LATEST

Glasgow City Council, Petitioners
Lord Menzies, Outer House, Court of Session, 15 January 2004
The Sheriff's interlocutor in Fox-Flynn v. Glasgow City Council (2) was reduced. The role of the Sheriff in exclusion appeals is to consider the merits of the case and to decide whether the decision to exclude was justified. The absence of reasons will not be fatal to a decision to exclude.

Fox-Flynn v. Glasgow City Council (2)
Sheriff Raeburn, Glasgow Sheriff Court, 4 July 2003
An exclusion from school was annulled by the sheriff because the school had failed to give reasons for their decision to do so. In the absence of reasons the sheriff could not confirm the decision to exclude.

Fox-Flynn v. Glasgow City Council
Sheriff Johnstone, Glasgow Sheriff Court, 27 February 2003
In this case the mother of a disabled child was allowed to continue with an appeal against the exclusion of her son from school even although he had returned to school after the temporary exclusion more than a year ago.

Proudfoot v. Glasgow City Council
Sheriff Mitchell, Glasgow Sheriff Court, 26 July 2002
In this case a father sucessfully challenged the exclusion of his son from Govan High School by way of an unlawful "pupil transfer". This case clarifies the meaning of the term "exclusion" and demonstrates the usefulness of "deemed decisions".


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Education Law Unit
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Education Law Unit

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