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Parent fined for daughter not taking part in end-of-term activities

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Magna Academy in Poole has been in the news today over the fining of a parent who refused to send her daughter to school to take part in two activity days at the end of the term. The regular timetable was suspended and replaced with the activities, some of...

Watkins Solicitors challenge cutbacks to SEN in Cornwall

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The Administrative Court in Cardiff has permitted a final hearing of Judicial Review proceedings to challenge the cutback of education for young people with special educational needs in Cornwall. 

Concerns over school provision leading to rise in home education

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The government recently held a consultation on home education, due to a growing increase in the number (estimated 57,600) of children and young people being educated at home. However, in its conclusion of the consultation response, the government does not...

10 things you should know at an Employment Tribunal

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1. What are Employment Tribunals?  Employment Tribunals are independent judicial bodies who resolve disputes between employers and employees over employment rights. They will hear claims such as unfair dismissal, breach of contract, discrimination,...

Ever seen what a judgment from the High Court looks like?

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Dr Keith Lomax, our Judicial Review Specialist, successfully brought proceedings against a local council in Huddersfield on behalf of his client, whose allotments were being seized. The National Allotments Society tried to join the proceedings, which they...

The Autism Act 2009 and 10 years on

Emma Thompson, nee Grimbly
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The Autism Act 2009 was designed to bring about changes in the way adults with autism were treated by local authorities and NHS organisations. It is the only condition-specific legislation of its type in England and although references adults, has been...

Parents successful in bid to challenge Wiltshire Council's plans to close local special schools

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Families in Wiltshire have been successful in their bid to challenge the Council’s proposals to close down three schools for children with complex needs and disabilities. Dr Keith Lomax of Watkins Solicitors in Bristol & Bath , who...

SEND Tribunal Update

Emma Thompson, nee Grimbly
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The Special Educational Needs and Disability Tribunal This Tribunal hears appeals about EHC needs assessments and EHC Plans as well as claims of disability discrimination. The number of appeals is on the rise; between 2018 and 2019 the Tribunal has seen...

Cornwall Council's failure to provide education - Ombudsman investigation

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A report published this week by the Local Government and Social Care Ombudsman in response to a complaint against Cornwall Council, highlights three key areas that we find are repeated failings throughout the country.   The Ombudsman identified that...

Watkins Solicitors takes Wiltshire to judicial review over special school closures

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Watkins’ solicitor Dr Keith Lomax, who specialises in challenging public bodies, is instructed by parent groups supporting two of the schools that the council plans to close. Friends of Larkrise School in Trowbridge and St Nicholas School in Chippenham...

Dementia-friendly Bath conference

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We were delighted to exhibit at the dementia friendly Bath conference, which was excellently organised by Bath & North East Somerset Dementia Action Alliance (“Bath DAA”) at the Guildhall in Bath on Thursday 7th February 2019. There was...

Keith Lomax discusses legal challenge to council plans for special schools on BBC Radio Wiltshire

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Dr Keith Lomax , our judicial review & regulatory specialist, was interviewed by Ben Prater on BBC Radio Wiltshire this morning. The topic of conversation was Wiltshire Council's proposals to close special schools in Chippenham and Trowbridge....

Supreme Court judgment today - a public law classic example

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As you may have heard in the news today, a judgment has been handed down in the Supreme Court in a case that involved a number of linked appeals including ’W’ for whom our Judicial Review & Public Law Specialist, Keith Lomax , has been...

SEN pupils being failed by system

Emma Thompson, nee Grimbly
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The Guardian has published an article in relation to ‘special needs pupils being failed by system on verge of crisis’. Their investigation has shown that the current rate of success for parents at SEN Tribunal hearings is now at 89%. It is...

New Tribunal Bundle Guidance

Emma Thompson, nee Grimbly
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The Tribunal Service has launched new guidance for Tribunal bundles in SEN appeals which could have key ramifications when providing independent reports as evidence. Whereas it is often the case that these reports are highly detailed and therefore lengthy,...

School Exclusion

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The Government has been seeking views and evidence on school exclusion practice as part of a review of school exclusions.  In 2015/16, 0.08% of children were permanently excluded from Local Authority maintained schools in England, although children...

School Records

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We receive a number of phone calls from parents who want to know if they can access their child’s school records.  The answer is generally, yes.  If your child attends a maintained school, you have an independent right of access to your...

Weak points in the newly reformed SEND system

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Speaking to MP’s on the Commons Education Select Committee, Baroness Warnock, who issued a report 40 years ago about services for children with special educational needs and disabilities needing to change, along with other key figures that led to the...

Implementing the Disability and Special Educational Needs Reform set out in the Children and Families Act 2014

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Following on from previous articles, Ofsted and the Care Quality Commission have continued to carry out joint inspections to consider how Local Authorities have implemented the changes set out in the Children and Families Act 2014 in relation to the...

Special Educational Provision during school holidays - an update

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A recent decision from the Upper Tribunal, GK v North Somerset Council (2018) has upheld a parent’s appeal in respect of when a Local Authority is required to provide special educational provision outside of school term times. The child in question...

Bristol parents successfully challenge Local Authority SEND budget cuts

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Two sets of parents have recently taken Bristol City Council to court for a judicial review of the council’s continuing cuts to funding for pupils with SEND (Special Educational Needs & Disabilities). The first case of its kind, the basis of the...

Dementia Action Week

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The week of 21-27 May 2018 was Dementia Action Week and the emphasis this year was on taking action “to improve the everyday lives of people affected by dementia”. Our trainee solicitor, Lisa Morgan, who is also a Dementia Friends...

Shortage of suitable school places for children with special educational needs

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News in the last few days has focused on statistics that demonstrate there is a shortage of funding for children with special educational needs, which is leading to a growing number of children being left without suitable school places and more children with...

Progress in becoming a dementia-friendly law firm

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We are delighted to have taken further steps to implement our action plan in becoming a dementia-friendly law firm and are now members of the Bristol DAA , South Gloucestershire DAA and Bath DAA (“Dementia Action Alliance”). We have already...

Stamp Duty rates changes for Welsh properties from 1 April 2018

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From 1 April 2018, a new "Land Transaction Tax" will be payable on Welsh and transactions.  This is instead of Stamp Duty Land Tax (SDLT). There are however some exceptions: retrospective notification cases . This is where a transaction...

Health & Social Care Needs and Provision in an EHC Plan

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The Special Educational Needs and Disability Tribunal (SEND) will soon be able to make non-binding recommendations on the health and social care aspects of a child or young person’s EHC Plans, alongside the educational needs and provision currently...

Minimum Energy Efficiency Standards come into effect from 1 April 2018 - Landlords take note!

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Photo by Zain Ali from Pexels https://www.pexels.com/photo/2017-bulb-dslr-energy-saving-lamp-542619/From 1 April 2018, Minimum Energy Efficiency Standards (MEES) will come into effect which means that Landlords will not be able to renew or begin any lease/tenancy for any residential or commercial property which has an EPC Rating below E...

March 1st is 'D-Day' for many parents waiting to hear which Secondary school their child has been allocated

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For many families, the anxious wait will be over and you may well hear the collective sigh of relief.  However, for families who are not allocated the school of their choice, they may be worried and upset. Remember, parents have the ‘right to express a preference’ - their child does not have the right to have the school of their choice...

Beverley Watkins appears in this month's edition of the Law Society Gazette

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Managing Partner, Beverley Watkins, was recently asked to provide comment on the Ministry of Justice's Legal Advice Gateway for an article in the Law Society Gazette. The Legal Advice Gateway is a telephone service which provides advice on...

Legal Advice for Education and Disability Work

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In 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act, the government decided to fund advice and assistance on special educational needs and discrimination work only through a telephone advice service.  There are currently two providers of this service to cover England and Wales.  However, a decision has been issued this week that the government will cancel the telephone advice service and will not be awarding any contracts for education and discrimination services after 1 September 2018 through the current process...

How can I speed up the Conveyancing process?

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The most common question conveyancers are asked is "how long will the process take?"  It varies depending on which conveyancer you speak to although generally, you are looking at around 6-8 weeks if it is straightforward and 8-12 weeks if it...

Challenge to reduce leasehold extension costs unsuccessful

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A challenge led by Mr Mundy and chartered surveyor Mr Wyatt of Parthenia Valuation to reduce leasehold extension costs was unsuccessful at the Court of Appeal. The case in question Mundy v the Sloane Estate , involved a small flat in Chelsea where the...

Joint Local Area SEND Inspection Lancashire

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Ofsted and the Care Quality Commission have conducted a joint inspection of Lancashire Local Authority to judge the effectiveness of the area in implementing special educational needs and disability reforms, as set out in the Children and Families Act 2014. ...

South Gloucestershire Council Ofsted Findings

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A joint inspection of South Gloucestershire Council’s SEN and Disabilities provisions carried out by both Ofsted and the Care Quality Commission (CQC) has recently published its findings highlighting areas both of strength and need in the Local...

Watkins Solicitors becoming a dementia-friendly law firm

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We are delighted to announce that Watkins Solicitors are in the process of becoming a dementia-friendly law firm, starting in January 2018. We are now members of the South Gloucestershire and Bristol Dementia Action Alliance, and planning to extend this in Bath where we have recently opened a new office...

15 FEBRUARY DEADLINE

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For those children who are transferring into a new stage of education from September 2018, parents should receive the final EHC plan naming the placement for September 2018 by 15 February 2018...

 

Watkins Solicitors open new office in Bath

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Watkins Solicitors are delighted to announce the opening of our new office in Bath.
The firm has a contract to carry out Legal Aid work from this office, which is situated in the centre of Bath... 

BBC coverage of special educational needs

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The BBC has recently been featuring a number of articles relating to children with special educational needs.  It has focused on TV presenters David and Carrie Grant, who have four children, each with a separate set of special educational needs. ...

THE 31st MARCH 2018 - WHAT DO PARENTS NEED TO KNOW?

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The 31st March 2018 represents the final date by which all Local Authorities in England need to have transferred all Statements of Special Educational Needs into Education, Health and Care Plans (EHC Plans).  This deadline is as a result of a change in...

New measures to tackle parental alienation

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From Spring 2018 a new approach will be adopted by CAFCASS (Children and Family Court Advisory and Support Service) to tackle the issue of one parent turning a child against the other following separation. This problem is known as parental alienation and is...

Government issues warning over Trimega Laboratories tests between 2010 & 2014

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Sheldon Price says it is not clear how many cases may be affected by the warning which the Government has issued in respect of cases concerning Trimega between 2010 and 2014. Any clients who may have been affected should obtain legal advice as soon as...

Remarriage following divorce

Beverley Watkins
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Beverley Watkins explains that remarrying before sorting out financial matters from a first divorce can have catastrophic consequences.  If a party to a divorce proceedings remarries before they have dealt with the financial aspects of their divorce,...

SEND Tribunal - Health and Social Care Provisions

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Following a 2017 pilot trial involving 17 Local Authorities, the SEND Tribunal has agreed to make non-binding recommendations on the health and social care sections of a child or young person’s EHC Plan.  The Tribunal will be able to make these...

Personal Budgets and Direct Payments for Children and Young People with EHC Plans

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A Personal Budget is an amount of money identified by the Local Authority to deliver provision set out in a child or young person’s EHC Plan where the parent or young person is involved in securing that provision. A child’s parent or the young...

Local Government Ombudsman first 100 investigations - EHCP issues and what we can learn from these

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The Local Government and Social Care Ombudsman has recently published its focus report on its first 100 investigations into identified issues with the Education, Health and Care Plan system.  The Local Government Ombudsman is a free service for parents of children with special education needs and disabilities to utilise if parents believe there has been...  

Watkins Solicitors - SEN Information Day for Parents in Cornwall

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The Education Department of Watkins Solicitors held another successful SEN Conference, this time in Redruth, Cornwall, for parents of children who have special education needs and disabilities.   Lydia Dunford spoke about EHC Needs Assessments and...

Amie Calder discusses Parental orders and Surrogacy arrangements

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The legal parents of a child in cases of surrogacy are the surrogate mother and either the man or woman the surrogate mother was married to or was in a civil partnership with at the time of treatment if they consented to the treatment. The time of treatment is when the embryo or sperm and eggs were placed into the surrogate mother via artificial insemination.  

Beverley Watkins wins Bristol Pro Bono Lawyer of the Year

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Staff had a wonderful evening at the Annual Bristol Law Society Awards and, to round it off, Beverley Watkins won the award for Pro Bono Lawyer of the Year!    When presenting the award, the following was said: "To Beverley...

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