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Education (Additional Support for Learning) (Scotland) Act 2004 
from the Scottish Parliament, 1 April 2004 
No, it's not a joke, the Scottish Parliament did just vote for the Additional Support for Learning Bill.   Clearing Stage 3 with room to spare, the Bill now only awaits Royal Assent and implentation, perhaps as early as August 2005.   The Bill as passed is available to download from the Parliament's website.   Or, right-click on the following link and select "Save Target As".   Education (Additional Support for Learning) (Scotland) Bill (as passed) - PDF  

School Education (Ministerial Powers and Independent Schools) (Scotland) Bill 
from the Scottish Parliament, 29 March 2004 
This Bill will reinforce existing powers of the Scottish Ministers to direct, in appropriate cases, education authorities on how to better run their schools.   The second Part will make some changes in the way independent schools are regulated.   The Bill as introduced is available to download from the Parliament's website.   Or, right-click on the following link and select "Save Target As".   School Education (Ministerial Powers and Independent Schools) (Scotland) Bill (as introduced) - PDF   The Education Committee have issued a call for evidence on the Bill, the deadline is 10 May 2004.  

Teacher who broke pupil's arm unfairly dismissed 
from Scottish Court Service, 17 February 2004 
In the case of Andrew Porter v. Oakbank School a teacher, trained in restraint techniques, fractured a pupil's arm.   The School considered that the teacher had used innappropriate restraint techniques and excessive force, and dismissed him for gross misconduct.   The employment tribunal found that he had been unfairly dismissed and awarded compensation of over thirty-two thousand pounds.   The employment appeal tribunal held that the dismissal was within the band of reasonable responses, and overturned the tribunal's decision.   The Inner House, on appeal, overturned the EAT and reinstated the decision of the original tribunal.  

Allegations of assualt by teacher 'malicious' 
from Scottish Court Service, 6 February 2004 
In the case of McKellar v. MacKinnon a pupil aleged that he had been struck by his music teacher.   This story was backed up by a fellow pupil, and the teacher was suspended and investigated by the education authority and General Teaching Council.   The teacher was subsequently reinstated, and sued the boys for defamation (slander).   The sheriff held that the boys were lying and awarded the teacher five thousand pounds in damages.   The Inner House, on appeal, confirmed the decision of the sheriff.  

Duty of Care for care staff re: autistic children 
from Scottish Court Service, 4 February 2004 
In the case of McLatchie v. The Scottish Society for Autism a support worker in an SSA respite centre was injured by an autistic child who pulled her hair, bit her and kicked her.   She took legal action for compensation against her employers.   Lord McEwan, who allowed the case to proceed to proof, stated "..where one is dealing with potentially difficult and dangerous children a high degree of care is required ..".   A full proof will follow to determine if the Society are liable to compensate Ms. McLatchie.  

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Court of Session clarifies exclusion appeals 
from Scottish Court Service, 15 January 2004 
A decision by Lord Menzies in the case of Glasgow City Council, Petitioners has finally shed some light on the correct approach to be taken by Sheriffs when deciding exclusion appeals.   Overturning a decision of Sheriff Raeburn Q.C., the Outer House ruled that the key question is whether or not the decision to exclude was justified.

Scottish Ministers to end cap on respite care 
from the Education Law Unit, 15 January 2004 
As a result of litigation in the case of Murray v. Glasgow City Council & the Scottish Ministers, it has been accepted that the upper limit on respite care of 120 days per annum was incorrect.   The cap was based on an erroneous interpretation of Reg. 17 of the Arrangements to Look After Children (Scotland) Regulations 1996, and the Scottish Ministers have agreed to amend the offending guidance ASAP.

Pupils' Educational Records (Scotland) Regulations 2003 
from Her Majesty's Stationery Office, 5 January 2004 
At long last, these regulations will resolve the confusion over parental access to pupils' records.   The regulations allow access and (at a price) copies of your little ones' paperwork.   They came into force, despite some reservations, as of 5 Januray 2004.

Education (Additional Support for Learning) (Scotland) Bill 
from the Scottish Parliament, 28 October 2003 
After years of consultation, the most fundamental change in education law for over twenty years is ready to be subject to Parliamentary scrutiny.  You can download the explanatory notes and the policy memorandum from these links (in PDF format).

ELU Addresses Cross Party Group of MSPs 
from the Education Law Unit, 2 October 2003 
Iain Nisbet, the Co-ordinator of GLC's Education Law Unit spoke on the proposed Education (Additional Support for Learning) (Scotland) Bill to the Scottish Parliament's Cross-Party Group on Children & Young People.  You can download the presentation and the minutes of the meeting from this page (in PDF format).

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Failed Legal Challenge on Refusal to open Record of Needs 
from the Scottish Courts Service, 2 October 2003 
A fifteen year old boy with dyslexia has failed in an attempted legal challenge in relation to a refusal to open a Record of Needs for him.   The case of S.D. v. The Scottish Ministers & Falkirk Council raised issues as to the meaning of the term "psychological assessment" and the powers of the Scottish Ministers in deciding certain types of appeal.

Disabled Pupil's Historic Legal Battle with School 
from the Sunday Times, 27 July 2003 
A disabled pupil's appeal against a temporary exclusion from school is to be heard by the Court of Session as Glasgow City Council have brought a petition for judicial review following his success at the sheriff court.  This is the first time an exclusion appeal will be consider by the Court of Session.

Parents face Punishment over Family Holidays 
from the Scottish Executive, 26 June 2003 
The Scottish Executive Education Department has issued a new circular on attendance and absence for schools. Under the new guidance, most family holidays during term time will be regarded as "unauthorised absence" but children excluded from school will not be.

Parents challenge Council on placing 
from the Evening News, 19 June 2003 
Several schools in Edinburgh have had pupil intake numbers for P1 reduced following concerns about the suitability of portacabin huts used as classrooms. However, this had led to number of children being refused places in these schools and a group of ten parents plan to take the Council to Court over the plans.

Home Education Consultation Response 
from the Scottish Executive, 17 May 2003 
A full fourteen months after the end of the consultation period ended, the Scottish Executive Education Department have published their summary of the responses. The Executive, in view of the strong opposition voiced, plan to issue new draft guidance.

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Teens take bullies to court
from The Scotsman, 19 May 2003
Two more cases where a pupil has gone to court seeking an interdict against school bullies have followed the first (see below). One of the cases is from the same school while the other is in Dundee.

Expert predicts more anti-bullying cases in court
from The Scotsman, 14 May 2003
Andrew Mellor of the Anti-bullying Network has predicted that more pupils will follow the lead of Jenny Soutar (17) of Blairgowrie High School in going to court for an interdict against bullies. But he warns there are better ways of dealing with the problem.

Additional Support Needs Bill Consultation
from the Scottish Executive, 17 January 2003
The most radical shake up in the law relating to special educational needs for more than twenty years is here at last.  The consultation draft of the Education (Additional Support for Learning) (Scotland) Bill is published.

New legislation could lead to litigation
from The Scotsman, 10 Nov 2002 
New legislation which gives pupils rights to education based on the UN Convention of the Rights of the Child promises an increase in the numbers of parents threatening, and taking, court action.

Proudfoot v. Glasgow City Council
from TES Scotland, 9 August 2002
A father has successfully challenged Glasgow City’s policy of compulsory transfer of children between schools in court; following a string of shorter exclusions from Govan High School.

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