Legal Matters 2017 (Magazine) by Asian Business Publications Ltd

IN ASSOCIATION WITH

MAY 2017

MATTERS

Specialists in Education Law A boutique Education Law ﬁrm

Education Law revealed LESSONS TO LEARN

SPECIAL EDUCATIONAL NEEDS IS THERE STILL A STIGMA? BULLYING AND DISCRIMINATION SAY NO! FITNESS TO PRACTISE KNOW YOUR RIGHTS PLAGIARISM BE ORIGINAL!

£1.99 AN INITIATIVE BY

9 771478 232125

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MATCH SOLICITORS Boutique Specialist Education Law Practice • Nationally recognised and highly regarded, offering a high quality service, never compromising on excellence

• Providing clients with a solution to all education related matters • From attaining specialist placements for children with Special Educational Needs through to successfully challenging a failed PhD

• High success rate in assisting thousands of parents, students and children in challenging adverse education decisions Match Solicitors is a firm recognised by the Legal 500 and Chambers & Partners as a Top Tier Practice for Education Law. The Legal 500 says:

“Boutique practice Match Solicitors provides an ‘extremely high’ level of service. Anita Chopra has an active schools practice, and an ‘excellent understanding of all areas of education law’. The higher education department is headed by Salima Mawji, who has an ‘impeccable’ knowledge of the field, and has represented numerous students before internal panel hearings at universities.” National Client following, serviced by our excellent team.

‘Never compromising on excellence’

03330 069 187 www.matchsolicitors.com London • Birmingham

WELCOME

THE T EAM: PUBLISHER/EDITOR CB PATEL

COMMENT

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Taking social injustice by the horn t is rather unfortunate that several social stigmas continue to plague the British Asian community. Although it has moved on since the 1950s when it ﬁrst set foot on these shores, some burning issues continue to haunt it and it is essential that we address them post-haste. The Asian Voice Charity Awards, a case in point, is our humble gesture to recognise those charities who work tirelessly with ethics, and provide succour for the less fortunate, marginalised, ill-informed and in dire need of help. I am delighted that Match Solicitors have teamed up with us to highlight the legal redress that is available to those in education and employment who often suffer silently from issues such as bullying and discrimination – issues that have no place in a civilized society such as ours. It is a proven fact and not merely anecdotal, that the Asian community often suffers in silence these very issues. It is for that very reason we have addressed them in this edition of Legal Matters and aptly launched it at the Asian Voice Charity Awards 2017.The magazine is replete with expert advice and will provide hope for those who put up a brave front but in reality urgently require legal assistance. I would like to acknowledge the tremendous work done by Anita Chopra and Salima Mawji, directors of Match Solicitors, in the ﬁeld of education law and thank them for providing excellent content for this special issue and supporting our efforts. CB PATEL P U BL I S H E R / E D I TO R A S I A N VO I C E & G U JA R AT S A M A C H A R

S U M M E R 2 0 1 7 LE G AL M AT T E R S

W ELC O M E

Directors’

foreword M AT C H S O L I C I T O R S – A B O U T I Q U E E D U C A T I O N L A W P R A C T I C E

atch Solicitors is passionate about representing students and children before courts, tribunals, schools and universities. Our ethos is based on recognising that each case is someone’s life. Each challenge is a real life challenge in the life of the student, parent or child. We work hard and tirelessly to ﬁght the client’s corner. We are highly specialised in dealing with any education related issue within the education sector – be that at nursery all the way to post doctorate challenges. The more information parents and students have about their rights, the stronger their position in the relationship with the school or the university. Knowing your rights empowers you, gives you the best position to achieve your aim, and provides a very clear platform for a university or a school to resolve issues. Knowing your rights with local authorities – particularly about children with SEN – will give your child the best chance to achieve the provisions the child needs to enable them to have a valid, solid and valuable experience in their education. Match Solicitors is a ﬁrm that is highly specialised in education law. We have successfully assisted many parents, children and students in achieving the right decisions for them from the school, local authority or university. We never compromise on excellence and are passionate about all that we do. Match Solicitors are delighted to have teamed up with Asian Voice in a bid to highlight education rights in the Asian community in the UK. Asian Voice has been a valued provider of information to the Asian community for many years and we are proud and honoured to be part of the team on this occasion.This magazine hopes to focus the

L EG AL M ATTERS S U M M E R 2 0 1 7

key issues students, children and parents face in the education sector and we hope that it will provide a valuable basis from which parents and students can springboard to a brighter educational future having armed themselves with the knowledge and information available to protect their education. We are living in a world where education is extremely important and more competitive than ever before. The meritocratic society that we live in demands good education. The education world has changed signiﬁcantly over

the last 20 years, with more and more students gaining excellent results at GCSE and A Level, going on to university where an undergraduate degree is becoming commonplace and the requirement for a postgraduate degree becoming increasingly necessary to achieve a frontline position in any career. Education is also becoming more and more expensive and parents have to plan ahead – often when the child is born – to ensure that they have sufﬁcient funding to enable their child to achieve a good education.

LONDON 3 BOLT COURT, FLEET STREET, LONDON, EC4A 3DQ ● DX 133 LONDON/CHANCERY LANE

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CALL US ON 03330 069 187

ANITA CHOPRA

SALIMA MAWJI

This magazine hopes to focus the key issues students, children and parents face in the education sector and we hope that it will provide a valuable basis from which parents and students can springboard to a brighter educational future having armed themselves with the knowledge and information available to protect their education.

SCHOOLS & CHILDREN Within the education world children will sometimes face difﬁculties. There may be issues with school admissions, complaints about the way a school is dealing with the child, inadequate teaching or indeed issues with private school fees. There are situations that arise which may result in a child being excluded from school or that a child is being discriminated against. When challenges arise within the school setting, this can often be a very difﬁcult and stressful time for the child and the parents. There are also, sadly, many children who suffer from special educational needs (SEN). SEN can take many forms. SEN

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can range from mild dyslexia all the way to severe SEN and physical disabilities.There are rights that exist in law for the child in these circumstances. Local Authorities are expected to make provision for children with SEN through the Education Health and Care Plan (EHCP) process should the child’s needs warrant assistance from external agencies other than what his/her school can provide. When it comes to addressing parental concerns in relation to their child, sometimes there is a stigma associated with acknowledging the child’s SEN. That stigma can, at times, preclude a parent from accepting or understanding that there is a

lot of help in the education law system for children with SEN. Local Authorities will often play on the ignorance of parents.

FURTHER & HIGHER E D U C AT I O N Students at universities will sometimes also face difficulties. There may be an allegation of plagiarism or other academic misconduct made against the student; a student may face a fitness to practise allegation if they are studying a regulated profession such as medicine, nursing, social work or law, by way of example. Fitness to practise allegations are very serious and must be defended rigorously, particularly if the student believes the allegation is unfounded. The power of the fitness to practise panel is wide ranging; it can determine that a student should never practise in their chosen profession, in a worst case scenario. Some students suffer from disabilities such as depression, dyslexia, dyscalculia or some other non-communicable disease. These students are entitled to support by way of reasonable adjustments under the Equality Act 2010. The

university, once it becomes aware that a student may be disabled, has an anticipatory duty in so far as it must signpost the student to the disability services to ensure that the student is receiving the support he/she requires. Reasonable adjustments can make the difference between a pass and a fail; or indeed a 2:2 and a 2:1. The support is an entitlement in law if the disability is proved. Students sometimes do not even realise that a condition such as depression may amount to a disability in law. Postgraduate students face up to the challenge of undertaking research in a novel field to achieve a doctorate in their chosen subject. It is common knowledge within the education sector that a PhD is a lonely and difficult degree. Postgraduate students may face difficulties with their supervisor, or not have access to the data they need. There may be issues with accessing the laboratory for research purposes or, as sometimes happens, theft of data that has demonstrated some advancement in scientific research. Most PhD students do not realise that their rights with the university are couched in contract law and that certain rights exist to challenge any unlawful behaviour by the university. The Team at Match Solicitors is specialised to deal with all education related issues. We are here to help!

Specialists in Education Law A boutique Education Law ﬁrm

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T H E P E OP L E

teamwork

THE TEAM AT MATCH SOLICITORS WORK HARD TO HELP ACHIEVE THE AIMS & OBJECTIVES FOR THEIR CLIENTS . HERE ARE THE PROFILES OF THE STAFF AT MATCH SOLICITORS WHO HELPED TO CONTRIBUTE TOWARDS THIS MAGAZINE

L EG AL M ATTERS S U M M E R 2 0 1 7

SALIMA MAWJI

CHRIS BARNETT

NICOLE HENHAM

Salima is considered a Leader in the Field of Further & Higher Education law. She has a wealth of experience, having specialized as a further and higher education lawyer immediately upon qualification. Salima has acted for hundreds of students with internal disciplinary and academic misconduct issues, fitness to practice issues, staff discipline, student complaints and complaints to the Office of the Independent Adjudicator, claims for breach of contract, negligence and discrimination. She has a very high success rate in internal university appeals. Salima regularly speaks at high-profile events, has been quoted in a number of the national newspapers and appeared on most mainstream radio and TV stations, most recently on ITV’s Exposure: Undercover Colleges. Salima also speaks Gujarati.

Chris joined Match Solicitors as an Associate Solicitor in May 2015. He has over 10 years’ experience working in Education Law. Chris deals with all forms of appeals and claims heard by the Special Educational Needs & Disability Tribunal, and regularly represents parents in hearings. In addition, Chris has acted in a number of appeals to the Upper Tribunal, Judicial Review proceedings in the High Court and appeals to the Court of Appeal. He regularly acts for parents in both admissions and exclusion appeals and advises on claims against Colleges and Universities, with a particular focus on disability discrimination. Chris also speaks French.

Nicole joined Match Solicitors in 2013 and is an Associate Solicitor within the Schools & Children Department. Since qualifying as a Solicitor in 2008, Nicole practised in the area of Family Law, where she developed her interest in disputes relating to children. Her passion to support children underpins her Education law practice where she represents clients in admission and exclusion appeals, non-payment of school fees and Special Educational Needs. Nicole also represents teachers before the National College for Teaching and Leadership. Nicole speaks French and Spanish.

Director

SALIMA.MAWJI@MATCHSOLICITORS.COM Likes: Reading & writing, Coffee (black, no sugar) and driving Dislikes: Assumptions, reality TV and incompetence

ANITA CHOPRA Director

Anita’s reputation as an Education Lawyer has gone from strength to strength.The media regularly turns to her as their primary consultant on education related issues. Anita’s work in SEN especially has seen a very high success rate with 9 out of 10 cases settling before reaching the Tribunal. She is currently heavily sought after by Teachers and Headteachers facing proceedings before the National College for Teaching and Leadership. Her vibrancy and creativity have led to many successful conclusions on what are sometimes difﬁcult cases. Her expertise and knowledge of the law are unparalleled. Clients have a great deal of respect for her ability and honesty and are always satisﬁed with her work. Anita speaks Punjabi, Hindi, Urdu, basic German and French.

ANITA.CHOPRA@MATCHSOLICITORS.COM Likes: Watching Columbo, travel and socialising with friends and family Dislikes: Unkind people, discrimination, wet and soggy feet from the rain

Associate Solicitor

CHRIS.BARNETT @MATCHSOLICITORS.COM Likes: Chocolate, sci-ﬁ and Torquay United Dislikes: Reality TV, discrimination and chocolate with nuts in

Associate Solicitor

NICOLE.HENHAM@ MATCHSOLICITORS.COM Likes: People with a generous spirit, ballet and open mindedness Dislikes: Muddy puddles, unkindness and avarice

LONDON 3 BOLT COURT, FLEET STREET, LONDON, EC4A 3DQ ● DX 133 LONDON/CHANCERY LANE

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CALL US ON 03330 069 187

MUNTINDER (POPPY) K SHOKAR

Assistant Solicitor

RIZVAN MUSSA Assistant Solicitor

Assistant Solicitor, Rizvan Mussa, joins the ﬁrm bringing with him over eight years of experience in conducting complex civil and criminal litigation. With expertise in human rights and public law litigation including judicial review proceedings, Rizvan has been instructed in a broad spectrum of cases. He has acted for claimants in a variety of areas of law. He has also represented clients before the High Court, Court of Appeal (both civil and criminal division), Special Immigration Appeals Commission, County Court, Crown Courts including the Old Bailey and Magistrates’ Courts.

RIZVAN.MUSSA@ MATCHSOLICITORS.COM Likes: Cricket, coffee and travel Dislikes: Prawns, bullying and trafﬁc wardens

Muntinder joined Match Solicitors in 2016 as an Assistant Solicitor within the Further and Higher Education team, headed by Salima Mawji, Director. Since qualifying as a Solicitor in 2000, Muntinder practiced in the areas of Civil Litigation, Family Law, Public Law (Care Proceedings) and Personal Injury. Her experience enabled her to deal with various aspects of litigation including breach of contract, negligence and discrimination issues. Muntinder’s approach to her work is always professional, diligent, showing care and understanding to achieve the best outcome for the client. Muntinder speaks Punjabi and Hindi.

MUNTINDER.K.SHOKAR @MATCHSOLICITORS.COM Likes: Holidays, good company and afternoon tea Dislikes: Cruelty to dogs, arrogance and peanut butter

SALISE DOURMOUSH

Trainee Solicitor

Salise Dourmoush is a Trainee Solicitor who joined Match Solicitors in July 2015. Salise deals with education issues across the board. Within the Further and Higher Education Department she is involved with matters ranging from misconduct and academic appeals to

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DANIEL BOXALL

Assistant Practice Manager

Since joining Match Solicitors in May 2008, Daniel has established himself as a key member of the administration department. Daniel’s role has evolved and he now has responsibility for the ﬁrm’s accounts. Daniel is also the primary in house support for the team in respect of all IT issues. Alongside his usual tasks Daniel also provides valuable support to the rest of the team. Daniel has developed a sharp eye along with a polite demeanour to ensure that the ofﬁce runs smoothly on a day to day basis.

DANIEL.BOXALL@ MATCHSOLICITORS.COM breach of contract. In the Schools and Children Department, she assists with admission appeals, special educational needs and disputes with independent schools. Salise also speaks Turkish.

SALISE.DOURMOUSH@ MATCHSOLICITORS.COM

Likes: Travelling, Crystal Palace FC and politics Dislikes: Tomatoes, shopping and train delays

LOUISA SHINDLE

Practice Administrator

Louisa Shindle joined Match Solicitors in May 2017 as the Practice Administrator. She assists with client meetings, arranging appointments, opening cases and amending details. She supports the entire team as well as the Directors and ensures the efﬁcient day to day running of the ofﬁce.

LOUISA.SHINDLE@ MATCHSOLICITORS.COM Likes: Singing, acting and DVD boxsets Dislikes: Queues, sport on TV and avocadoes

Likes: Family, tea and friends Dislikes: Rudeness, slowness and shellﬁsh

S U M M E R 2 0 1 7 LE G AL M AT T E R S

Specialists in Education Law

Schools & Children

Match Solicitors has the country’s leading specialists

with Local Authorities and ensuring that children get

in representing children and parents in respect of the

correct and adequate provision and that they attend a

issues that can arise whilst a child is at school.

school that can meet their needs.

The department is headed up by Director, Anita

Alongside advising on claims in the Tribunal, the team

Chopra, who has a particular interest in advising parents

also specialises in acting for parents whose children

on bringing or defending claims against Independent

have been excluded from school, bringing or defending

Schools including those in regards to school fees and

claims in the County Court for breach of contract,

acting for teachers before the National College for

negligence, discrimination and bullying and advise on

Teaching and Leadership. As well as heading up the

and attend school

School & Children and Employment Law Departments

admission

at Match, Anita is an industry expert whose opinion

appeals.

on education law issues in the news is regularly sought out across the media. Her work in Special Educational Needs has seen a very high pre-tribunal settlement success rate. Whilst there are a number of law firms that claim to specialise in handling matters of Special Educational Needs and Education Health and Care Plans, Anita and her team of excellent Solicitors remain amongst the market leaders in this area regularly running cases brought in the First Tier and Upper Tribunals. The team has a particular expertise in settling cases, by negotiating

WORDS: CHRIS BARNETT (ASSOCIATE SOLICITOR)

S PE C IAL E DU C ATIONAL NE EDS

stigma IS THERE STILL A

PURSUING AND SECURING THE SUPPORT THAT A C H I L D W I T H S E N R E Q U I R E S I S N OT A LWAY S E A S Y , B U T W H E R E T H E R E I S H E L P AVA I L A B L E TO T H E M , IT IS AN ENTITLEMENT WORTH PURSUING . ll parents hope that their children will do well in school. Of course, some children find school easier than others, socially and academically, but equally some will require additional help in order to achieve their potential. Children who have a significantly greater difficulty in learning than others of the same age, or who have a disability that prevents them from accessing the curriculum in the

same way, are described in the law as having ‘special educational needs’ (SEN). This is not, however, a criticism of them, and should not nowadays be seen as a negative description. Many parents are worried about a stigma arising if their son or daughter is assessed as having ‘special needs’, or if they request additional help through the special needs system. However, where a child’s additional needs are recognised in this way that can only be positive for them and for their education, as it allows access to the support that they require.

S E N L AW

For over 35 years children with SEN have been given additional rights under the law with the aim of ensuring that every child has the opportunity to learn and progress. For many children with special needs, the additional help and support that they require will be provided at their local school in the same way as any other child. All mainstream state schools receive funding within their budgets to provide for children with SEN, and are legally required to do their best to meet the needs of all children with SEN in the school. For children with more significant SEN, who require the most extra help or who need to attend a special school, the support they need should be determined through an Education, Health and Care Plan (EHCP) which will be prepared by their Local Authority (LA). It is not the case that merely because

S U M M E R 2 0 1 7 LE G AL M AT T E R S

SP E CI A L E D U C AT I ONAL NE E DS

a child has SEN they will have to attend a special school. Indeed, most children who have SEN will attend a local mainstream school like any other child, and the starting point under the law is that every child should be in a mainstream school.The only exceptions to that are if parents do not want a mainstream school, or if the impact on the education of the other children in the school would be too significant, which is rarely the case.

E D U C AT I O N , H E A LT H AND CARE PLANS EHCPs were introduced in 2014, and is replacing the old system of Statements of Special Educational Needs. Broadly, the aim of the new system is the same as the old – to provide for children with the highest levels of need and to ensure that they receive the provision that they require, as well as a suitable school placement. If a parent believes that their child requires more support in school than the school is providing (or is able to provide) they can ask their LA to carry out an Education, Health and Care Needs Assessment.The LA must respond to a written request within six weeks. If they refuse, then parents can appeal to the specialist, independent First-tier Tribunal, who can order the LA to carry out the assessment. When they carry out an assessment an LA is required to gather evidence from various sources.That includes asking for parents’ views, but also seeking professional input from an Educational Psychologist and any other appropriate professionals. The other professionals could include, for example, Speech and Language Therapists and Occupational Therapists.The LA should also comply with any reasonable request to seek advice from other experts. After the assessment, the Local Authority will decide whether to make an

EHCP. Again, if they decide not to do so then parents can appeal to the Tribunal. If the LA agree to make a Plan then they will prepare and circulate a draft for comments, and then issue a final Plan.The Plan should be detailed in relation to the educational provision that will be made, as the law requires that the provision be ‘specified’. That generally means that the amount of provision should be quantified in terms of hours of extra support per day, or per week. Parents have a final right to appeal to the Tribunal about the contents of the Plan, if they disagree with the description of their child’s needs, or the amount of provision that is set out, or with the school placement that the Local Authority has said that they should attend.

F I R S T- T I E R TRIBUNAL APPEALS The Tribunal is independent from Local Authorities, and makes decisions about

If a parent believes that their child requires more support in school than the school is providing (or is able to provide) they can ask their LA to carry out an Education, Health and Care Needs Assessment.

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EHC Plans based on the evidence. If a Local Authority makes the wrong decision – either because it does not apply the law properly, because it does not consider relevant evidence, or because it reaches a conclusion that is not supported by the evidence, then the Tribunal can make orders requiring the Local Authority to change its decision and to make additional provision, or to pay for a place at a

HELPFUL, FRIENDLY AND KNOWLEDGEABLE THROUGHOUT. WOULD USE THE FIRM AGAIN AND RECOMMEND IT TO OTHERS. S T E V E N W I S D O M , LO N DO N

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C A L L U S O N 0 3 330 069 187

| W W W. M AT C H S O L I C I TO R S . C O M

TO P TIPS C A S E S T U DY

THE SERVICE WAS PROMPT AND THE PROBLEM IMMEDIATELY UNDERSTOOD SO I WAS VERY HAPPY. I WOULD COME TO YOU AGAIN SHOULD I NEED REPRESENTATION. M RS HAD L EY, SUR R EY

different school. Although the Tribunal has procedures and rules that it follows to ensure that both sides have the chance to put their case, it is meant to be informal and accessible so that parents can bring an appeal without the need for legal advice. The law around SEN has, however,

We acted for the parents of a young child with a highly complex and medically unique range of difficulties that had unfortunately rendered him hospitalised for the majority of his childhood. His education suffered as he was unable to attend school on a regular basis, due to the amount of time that he spent in hospital. Alongside these medical difficulties, he also had a number of resulting educational needs which required his Local Authority (“LA”) to make provision for him, particularly by way of individual teaching support. His parents asked the LA to undertake an

Education, Health and Care Needs Assessment, but the Local Authority refused. The parents instructed us to pursue an appeal to the First Tier Tribunal against the LA’s decision to refuse to assess the child. We collated educational evidence from an Educational Psychologist and a Clinical Psychologist in preparation for the appeal, before the LA subsequently conceded. The child will now be given a Needs Assessment and hopefully an Education, Health and Care Plan which will enable him to get the proper education that he deserves.

grown over its 35 year history, and so many parents do feel the need to seek legal advice and assistance with appealing. Pursuing and securing the support that a child with SEN requires is not always easy, but where there is help available to them, and advice and assistance available to support parents, it is an entitlement worth pursuing.

WHAT TO DO WHEN APPEALING TO THE FIRST TIER TRIBUNAL IN RELATION TO YOUR CHILD’S SPECIAL EDUCATIONAL NEEDS

Mediation with the Local Authority is something that must be considered; it is not necessary. Seek advice. Knowledge is strength. Be clear about the issues you wish to raise in your appeal. Ensure that you collate relevant and up to date evidence to include with your appeal including the decision and/ or a copy of the EHCP you wish to appeal against. Independent expert reports are paramount to achieve a successful outcome, consider instructing experts to assess your child and provide comprehensive reports. The EHCP must be ‘clear, concise,

2 3 4

understandable and accessible’. Above all, the EHCP must be specific so that it relates to the child for whom it is written. It must be up to date. It must not be vague. You must consider what witnesses to bring to the hearing. In addition to legal representation (which is a choice), you must consider having your independent experts attend as well as the Head teacher of the School you wish your child to attend (if in dispute). Familiarise yourself with the law. Preparation is key. Follow the law and collate all the relevant evidence = a successful outcome!

8 9 10

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SC HOOL HOL I DAYS

A DV I C E TO PA R E N T S WO U L D B E N OT TO TAKE CHILDREN OUT OF SCHOOL WITHOUT LEAVE IN PARTICULAR F O R T E R M - T I M E H O L I DAY S , BUT EVEN JUST FOR AN AFTERNOON

TERM TIME

holidays his topic has been much talked about in the media over the past year following the success by a parent (Jon Platt) who challenged the decision of the Local Authority to issue him with fine for taking his child out of school, during term time. More recently, the Supreme Court reversed the earlier decision of the lower court by backing Local Authorities over term time holidays. The Supreme Court chose to back the Isle of Wight Council after a father challenged a fine he was given for taking his daughter on holiday during term-time. This story hit the headlines when Jon Platt won previous legal battles against the fine, but now the Supreme Court has decided to rule against him, with Prime Minister Theresa May saying “it’s right that the

L EG AL M ATTERS S U M M E R 2 0 1 7

individual head teacher has that ﬂexibility to make that decision” about the balance between absences and attendances. Mr. Platt predicted that parents would regard relying on “the permission of the state” to take their children out of school during termtime as “utterly shocking.”

T H E I N T E R P R E TAT I O N O F ‘ R E G U L A R ’ AT T E N DA N C E Mr Platt won on the basis that his child attended school ‘regularly’ and thus Mr Platt’s decision to take her out during term time would not be prejudicial to her education and that travel, can also be seen as an education of itself. The Supreme Court said the meaning of the word ‘regularly’ was at the core of the issue, and decided that failing to attend at any time when attendance was required by the school would be ‘irregular’.The lower courts’ interpretation differed from that of

the Supreme Court, but the Supreme Court gave a detailed interpretation of the legislation, including looking back at its history and said that prior to 1944, even half a day’s absence could result in prosecution. Judges also said that changes in legislation since then had not been designed to give pupils more opportunities to miss school without good reasons. The Supreme Court also provided two other reasons for ‘regular’ not referring to how often a pupil attended school.They said that approach would be too vague to be a sufﬁcient basis for criminal liability, as parents would have no way of knowing whether absences on particular days would be regarded as criminal.They also added that absences were disruptive and that any alternative to their approach could give the message that ignoring school rules was acceptable. Lady Hale said enabling parents to decide when their children could be absent from school

LONDON 3 BOLT COURT, FLEET STREET, LONDON, EC4A 3DQ ● DX 133 LONDON/CHANCERY LANE

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WORDS: ANITA CHOPRA, DIRECTOR AND HEAD OF THE SCHOOLS AND CHILDREN DEPARTMENT

I FOUND ANITA CHOPRA TO BE EFFICIENT AND EFFECTIVE IN DEALING WITH MY CASE, MOST IMPORTANTLY TO ME SHE IS NO DOUBT A WELL BALANCED, DECENT HUMAN BEING. I WOULD HAVE NO HESITATION IN USING MATCH SOLICITORS IN THE FUTURE OR RECOMMENDING THEM TO THE BEST OF MY FRIENDS

would be a “slap in the face” to parents sticking to the rules. It had been suggested that since the lower Divisional Court’s decision, several Local Authorities had stopped or reduced prosecutions for parents taking children out of school during term-time. It’s thought that the uncertainty resulting from that court’s decision was a big inﬂuence on this.

MORE PROSECUTIONS The Supreme Court did concede that their own interpretation of the word ‘regular’ could lead to criminal liability even for minor breaches. However, they argued this was not a sufﬁcient reason to interpret the legislation differently and called for Local Authorities to have a ‘sensible prosecution policy’, including using penalty notices (with no prosecutions if paid), and for Courts to impose the

A VERY KNOWLEDGEABLE M R S T E P H E N S, C ARN F O RTH LEGAL ADVISER IN THE FIELD OF EDUCATION. WHAT MAKES ANITA UNIQUE IS HER APPROACH. SHE LISTENS TO CLIENTS AND RESPECTS THEIR INPUT AND VIEWS THUS DELIVERING AN INDIVIDUAL SERVICE TO CLIENTS. I WOULD RECOMMEND ANITA’S WORK AND HAVE SEEN FIRST HAND,THE RESULTS OF HER WORK AND THE DIFFERENCE SHE MAKES A . C . J O N E S minimum penalties where appropriate. As the likelihood of prosecution policy being reviewed is low, it seems apparent that more prosecutions will occur due to the interpretation of the Supreme Court. From a practitioner’s point of view, it is now clear that in any case where a child has not attended school in accordance with the school’s rules (save in cases of illness or unavoidable cause, which remain defences to a prosecution), and without leave from the school, a prosecution would result in

conviction.The advice to parents in such cases would, accordingly, be not to take children out of school without leave, in particular for term-time holidays, but even just for an afternoon.Where there have been absences and schools and Local Authorities do proceed through the penalty notice regime, the sensible advice to parents is likely to be pay the ﬁne, as Local Authorities will be more likely to proceed to prosecution if not, and they would then end up with a criminal conviction.

S U M M E R 2 0 1 7 LE G AL M AT T E R S

SC HOOL A D M I S S I ONS

Top 10 Tips

As any parent knows, finding school places for your children can be a difficult and sometimes even traumatic experience. After all the research and form-filling there comes the months and months of waiting, to find out whether or not your children has been accepted by their first choice of school.

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nfortunately, the issue of school admission never gets easier and the panic that parents go through when their child does not get their ﬁrst choice of school does not get easier to bear. If you’re not one of the lucky ones who got their ﬁrst choice of school for your child, here’s our list of top 10 things to do if you think you might want to make an appeal:

WORDS: ANITA CHOPRA (DIRECTOR)

BE S URE TO GATHE R AS M UCH RE L E VANT E V I D E NCE AS P OS S I BL E TO S UP P ORT YOUR AP P E AL

FIR ST, D O N ’ T PA N I C & D O N ’ T D E SPA IR Although it may seem like all is lost, it isn’t.You still have the right to appeal. Need help? Match Solicitors is here to help you. It is a good idea to accept the school that you have been offered so that your child has somewhere to go bearing in mind that this is likely to be a school you did not put down on your choice list. Accepting it will not prejudice your right to appeal.

Make sure you’ve done sufficient research on your first-choice school, familiarising yourself with its specific oversubscription criteria.

M A K E SU R E T H AT YO U R C H IL D ’S N AM E IS O N T H E WA IT IN G L IST O F YO U R FIR ST C H O I C E SC H O OL

Think carefully about the grounds of appeal. Are your reasons for appeal as strong as they could be? Be sure to emphasize your most persuasive argument ﬁrst.

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Check out the Department for Education website, speciﬁcally the School Admission and the School Admission Appeals Codes.The more research you do, the better prepared you will be.

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Any medical and/or social reasons that have arisen since your original application was made must have ofﬁcial supporting evidence, such as a letter from a doctor etc.

Keep in mind any time restrictions relating to your appeal - it would be a shame to miss out because of something as simple as poor time-keeping.

Preparation is vital for any appeal.You should take all the time you have to ﬁgure out exactly what to say to the panel and prepare your paperwork as best you can.

As, only around a fifth of all appeals are ultimately successful, many parents choose to seek legal assistance to ensure their preparation is the best it can be. Match Solicitors have had considerable success in helping parents fight to get their child a place at the school of their choice. If you’re considering launching an appeal, give us a call us today to discuss your case in confidence.

BU LLYING AND DIS C RIMINATION

WORDS: NICOLE HENHAM (ASSOCIATE SOLICITOR)

Say

NO!

BULLYING AND DISCRIMINATION CAN CREATE LONG TERM PSYCHOLOGICAL ISSUES FOR A YOUNG PERSON AND, ULTIMATELY, IMPACT NEGATIVELY ON THEIR MENTAL HEALTH AND EDUCATIONAL PROGRESS .

S U M M E R 2 0 1 7 LE G AL M AT T E R S

BUL LY I NG A ND D I S CRIMINATION

hile your son/daughter may be totally applied in their studies and focused on achieving their full potential in their education, whether we like it or not, there are circumstances that can arise which risk throwing them off track and which are not within their control, such as bullying and acts of discrimination.This can arise within any educational sphere- in a maintained or fee-paying (independent) school – and at any stage of their education. As you may be aware, bullying has no legal definition; although it is generally understood to involve behaviour that occurs more than once; where the perpetrator has the intention to cause psychological or physical harm and which often seeks to target certain groups because of their race/religion/sexual orientation. Certain of these behaviours are against the law and the Police should be involved (such as: violence or assault; theft; repeated harassment or intimidation, (which could include name calling, threats and abusive phone calls, emails or text messages) or hate ‘crimes’). Bullying can take different guises, some of which are less easy to detect than others. For example, if your child comes home with a broken lip because they have been pushed over in the playground the act of aggression, in and of itself, signals that there is a problem which may well flow from bullying behaviour from a peer/(s). However, not all bullying manifests itself so clearly- for example, a child can be verbally/psychologically bullied; the former may be meted out by another pupil within,‘throw away,’ criticisms/teasing in and/or out of class, which may or may not be audible. The latter could include acts where the perpetrator has sought to socially isolate your child in school and may remain

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VERY HELPFUL, EFFICIENT ADVICE.VERY HELPFUL PEOPLE ON THE TELEPHONE AND EFFICIENT STAFF. VERY PLEASED WITH THE SERVICE. MRS GORDON, LONDON

undetected until it has reached an untenable pitch. The fear of repercussions within their peer group can dissuade a child from speaking out and bringing their concerns to the attention of you and/or a member staff. Bullying increasingly finds its medium through social media (such as an offensive message on Facebook/the creation of social media groups aimed at getting a fellow pupil expelled). Some social media, such as Snapchat, is used to post offensive messages and the,‘audit trail,’ is elusive because messages are not stored and the bully is protected by reason of the messages, ‘disappearing.’ As such, it is arguably easier now for the bully to create a traceless path; this can increase the pressure on the victim who may not be able to easily provide evidence of the offensive behaviour. You may spot changes in your child, such as seeing them lose their appetite/ appear withdrawn or saying that they want to spend more time in their room. Your strongest ally may well be good old-fashioned conversation with your child- try to talk to them, encourage them to,‘open up,’ and discuss anything that is on their mind. It may be a challenging process for you both but if any identified issues/fledgling concerns can at least be constructively shared with the School, who will then be formally,‘on notice,’ (i.e. aware) of the situation, this will enable the mater to be investigated and, subject to the facts, appropriately,‘risk assessed.’ The earlier the detection, the sooner any damage can be staved off; bullying can create long term psychological issues for a young person and, ultimately, impact negatively on, not only their mental health, but also on their educational progress. Schools maintained by the State must, by law, have a Behaviour Policy

which includes measures to prevent bullying. Within the independent sector the schools are subjected to inspections (such as by the Independent Schools Inspectorate) to ensure that they meet the required Independent School standards– akin to quality control. One of the Standards concerns the welfare, health and safety of pupils and the Standard is deemed to be met if the proprietor of the school ensures that bullying is prevented, in so far as reasonably practicable, by the drawing up and implementation of an effective anti-bullying strategy. You should always consult the school’s Complaints policy and escalate your concerns if they are not being adequately addressed. If your child has Asperger’s syndrome (where they are on the autistic spectrum) they may be susceptible to bullying and/or perceive that certain behaviours constitute bullying; this can be further complicated when they have not been formally diagnosed. Their profile of need adds a further level of complexity but the key fact remains that you, arguably, are best placed to read your child and to try to interpret and understand their needs which you should share with the school.Together with the school, whether or not your child has a formal diagnosis, through the home-school relationship you can seek to better understand, and therefore, support your child. It may be the case that your child experiences discrimination at school; the impact can be as distressing as bullying. It is unlawful to discriminate against an individual in relation to what are known as ‘protected characteristics,’ which include, amongst others: race/sex/disability. The Equality Act 2010 identifies that it is against the law

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for a school to engage in direct or indirect discrimination against a pupil on the basis of their disability.The law defines ‘disability’ as, “a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities” (this could include dyslexia/autism). The school itself may be acting in a way that discriminates against your child; this might include discrimination, harassment or victimisation in relation to admissions, the way it provides education/provides pupil access to any benefit, facility or service, or exclusion of a pupil or subjection to any other detriment; this is not lawful. The fact that a child may have special educational needs can be challenging in itself and so a failure to accommodate these needs (for example, refusing to apply for additional time for a pupil for an external examination) can generate a great deal of stress for the family as well as being potentially detrimental to your child’s educational progress and psychological wellbeing. In cases where you consider that there is disability discrimination and the school is ignoring your concerns, you can bring a claim in the Fist-Tier Tribunal (Special Educational Needs and Disability); any claim must be pursued within six months of the last alleged act of discrimination.A successful claim cannot bring financial award but can lead to recommendations for policy change/ training at the school/an apology being made to your son/daughter.Allegations of race/ sex discrimination need to be pursued in the County Court and the same time limits apply, in those claims however there is provision for damages to be awarded.The important message is that the law recognises that discrimination is unacceptable. You may find it helpful to consult with Solicitors who specialise in educationlaw related issues; any consultation is confidential and you can inform yourself of your legal rights.The issues raised within this article are experienced by children up and down the country and their prevalence should be a national concern. Of fundamental importance is the need to raise the profile of your concerns contemporaneously with the school; you may need to invoke your right to complain under the school’s complaints policy.

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C A S E S T U DY

BULLYING

has no legal definition; although it is generally understood to involve behaviour that occurs more than once; where the perpetrator has the intention to cause psychological or physical harm and which often seeks to target certain groups because of their

RACE/ RELIGION/ SEXUAL ORIENTATION

ur clients approached us when the College where their 17 year old son was preparing to sit his ‘A’ levels, refused to progress an Application for Access Arrangements for 50% additional time for his summer examination series. This was a very difficult time for the young man, in any event, as he suffers from anxiety and was due to embark on his mock examinations without the extra time he required. His parents wanted timely assistance because the deadline for the College to apply for additional time was looming. A complicating factor was that the College, as examination centre, is the gateway to the Examination Board and it is not appropriate for the parents to have direct contact with the Examination Board.Their son’s profile of special educational needs included Dyslexia and he had always received support at school but was not subject to a Statement of Special Educational Needs/Education, Health and Care Plan; he received 50% extra additional time in his GCSE examinations. Our clients had commissioned an assessment report by a Psychologist in light of the very specific requirements to meet the criteria to access 50% additional time. The result supported the need, however

the College raised questions in relation to the validity of the report, which included them noting a discrepancy as between the most recent assessment scores and those that had been undertaken within the last formal assessment. In addition, our clients were concerned that the College was failing to properly assess their son’s normal pattern of working which supported him having additional time. We wrote to the College on a confidential and without prejudice basis and had cause to raise concern that they were not complying with their duties under the Equality Act 2010 and were failing to take into account the young man’s profile of need (which was considered a disability under the terms of the Act). The College reserved all its rights in relation to the points raised in the letter but our communication resulted in a positive response from the College in that they determined that they would submit the necessary application for Access Arrangements as well as allowing the young man 50% additional time within his mock examinations. Our clients shared with us how pleased their son was with the outcome and explained that it had brought them a great deal of relief as their son was able to focus on his exams in the knowledge that he had the necessary additional time which, in and of itself, assisted in alleviating anxiety.

I AM EXTREMELY HAPPY WITH THE SERVICE RECEIVED BY ALL AT MATCH SOLICITORS AND WOULD NOT HESITATE IN USING THEM AGAIN SHOULD THE NEED ARISE OR IN RECOMMENDING THEM. AM A N DA C H R I S T I E

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SCHOOLS AND CHILDREN’S DEPARTMENT

How we make a DIFFERENCE C A S E S T U DY # 2

C A S E S T U DY # 1

Permanently excluded child reinstated We recently achieved a positive outcome for parents whose child was excluded from an independent school and who is sitting their GCSE examinations this summer. On a conﬁdential basis, and without stepping down from their viewpoint that the permanent exclusion was a reasonable decision, the Headteacher agreed to withdraw his decision to permanently exclude the pupil on the basis that

the parents withdraw their son.The Headteacher also agreed to waive the normal requirement for the parents to give a term’s notice ahead of withdrawing their son from School as well as agreeing to provide a good reference. This resulted in the parents being able to focus on supporting their child in his ongoing education, without a permanent exclusion marked on his school record.The further strain of seeking to challenge the Headteacher’s decision was also avoided. Both the parents and the School were focused to achieve the best possible outcome for the pupil.

C A S E S T U DY # 3

Special Educational Needs (SEN) We were instructed by a mother whose son had severe anxiety and special education al needs. His school placement was not suitable for him as it did not meet his needs. He was school refusing and had not attended school for a considerable period of time. We commissioned expert reports which determined that the National Centre for Young People with Epilepsy was the most suitable placement for him.The Local Authority resisted this and put forward a number of different placements which it considere d may be suitable.The Local Authority had contributed to long delays and did not meet a number of Tribunal deadlines. An application to bar the Local Authority from taking further part in the proceedings was put in and the Local Authority subsequently issued a Notice of Withdrawal which settled the matter as the Local Authority agreed to a placement at the National Centre for Young People with Epilepsy.This was an incredibly successful outcome (bearing in mind the cost of school fees) as it placed the child in the most suitable placement to meet his speciﬁc needs and it avoided the time and costs of proceeding to a Tribunal hearing.

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Private School concedes fees due to inappropriate treatment of pupil We recently represented clients against a prestigious private school. Our client had to withdraw her son from the school as there had been problems concerning his care. Particularly our clients’ son was admitted to hospital whilst he was at his boarding house. He was thereafter falsely accused of illegal substance abuse by the school.The school later conﬁrmed that no such abuse had taken place and that our clients’ son’s hospital admission was due to illness. Upon our client withdrawing her son (given the severity of the allegations against him) the school was demanding one term’s fees in lieu of notice along with additional invoices for uniform and other amenities. Our client sought advice from us.We argued that our client should not have to pay these additional fees and upon engaging in correspondence with the school, they conceded the one term’s fees in lieu of notice of withdrawal and the additional fees as well. Our client’s son is now in a different school and is progressing well and pursuing his chosen courses.

FURTHER & HIGHER EDUC ATION DEPARTMENT

C A S E S T U DY # 5

C A S E S T U DY # 4

Match assists a student awarded a 2:2 to obtain a 2:1 We acted for a client in a long running complaint to the University against his degree classification. Our client had achieved a 2:2 degree classification. He had lodged an appeal which was rejected and had then gone through the complaint process. All of his complaints had been rejected.We lodged the final stage complaint to the University putting in detailed submissions in relation to lack of reasonable adjustments as well as a number of points on irrationality. The University had issued our client with an Individual Learning Plan and thus stated it had complied with its duties for reasonable adjustments, even though the department had said that a number of points in the plan were largely generic and not relevant to his course. We argued that this rendered such a plan ineffective and not compliant with the Equality Act. The University initially agreed to list the matter for a full hearing as it deemed that there were matters that needed further consideration. However, one month before the hearing was due to take place the University wrote to our client directly stating that it had decided to simply provide him with a 2:1 degree classification. As a consequence our client achieved an exceptional outcome, noting how difficult it can be to change a degree classification, without even having to go to a hearing and on the basis of the submissions we had made originally.This now gives our client a chance to apply for jobs with the significant benefit of having a 2:1 degree class.

Match reinstates students UCAS application after it was terminated Our client made an application via the UCAS system for places at universities. Our client failed to place on his application form various results for examinations which he had retaken and performed better. Our client had only added the better mark. UCAS argued against this and due to the time it took to deal with the issue, cancelled his registration. UCAS gave our client a deadline to respond to them with his ﬁnal response on whether he was to include the previous exam results though terminated his application before this deadline. Our client approached us for assistance. We wrote to UCAS and asked them to immediately reinstate our client’s application given the early termination. Our client’s application was reinstated almost immediately. Our client’s applications have now been processed and he is looking forward to attending the University of his choice.

C A S E S T U DY # 6

Student opportunity to resubmit for PhD We were instructed by a client who had failed his second PhD attempt and thus had been awarded an MPhil rather than the PhD he had hoped to achieve. Upon discussing the case with our client it became apparent that the person listed as his second supervisor was also one of his examiners. We advised our client that in our experience this was procedurally irregular. We used our experience of other University procedures as well as that of the QAA Code of Practice to argue the point to the University. The University Appeal Panel decided that our interpretation was correct and there was a procedural irregularity due to the second supervisor acting as an examiner and voided both of our client’s PhD attempts and allowed him a further 12 months supervision in order to resubmit for PhD. Again this was a decision that exceeded our client’s expectations and he was extremely happy to have the chance to gain his PhD as well as have further supervision.

S U M M E R 2 0 1 7 LE G AL M AT T E R S

P L A G I A RI S M

original T H E S T I G M A AT TA C H E D TO P L A G I A R I S M S H O U L D N OT M A K E S T U D E N T S D E A L W I T H ALLEGATIONS ALONE. A PROBLEM SHARED IS A PROBLEM HALVED AND OFTEN WHEN SAID OUT LOUD THE PROBLEM DOES DIMINISH.

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ften when people hear the word ‘plagiarism’ it is met with a mixture of confusion and negativity. It seems wise therefore to ﬁrst explain exactly what it is. Plagiarism is presenting someone else’s work or ideas as your own, with or without their consent, by incorporating it into your work without full acknowledgment. In short, it is trying to pass off someone else’s work as your own. What it boils down it is copying.Whilst in primary and secondary school copying is frowned upon and is wrong, it is common place, and easier to forgive. A student would get away with a detention at the most.When one gets to Higher Education it is viewed somewhat differently which can be quite a stark change to students making the transition from A Levels to a degree. Universities protect academic integrity with a voraciousness which is rare to see in institutions. Plagiarism is one of the ways in which they do this and they often come down hard on students who have committed plagiarism. Each university will have its own way of regulating work to protect against plagiarism. Indeed students’ role is to research and look into the research of others and draw upon this in their own work reaching their own

LONDON 3 BOLT COURT, FLEET STREET, LONDON, EC4A 3DQ ● DX 133 LONDON/CHANCERY LANE

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CALL US ON 03330 069 187

THE SERVICE PROVIDED WAS VERY GOOD AND THE QUALITY OF WORK WAS EXCELLENT. M S L CLACK, M ID D L ES EX

conclusions. Students must be extremely careful and diligently check their work so as not to fall foul of plagiarism. Common practice (though each university is different) is that a student will be required to quote those sentences and words which are directly taken from a source they are quoting from by putting them in speech marks and then either put a foot note or a reference afterwards. If both of these techniques are not implemented, a student can, inadvertently find themselves falling foul plagiarism. This could quite easily take a first-class student down to a 2:1 and a midlevel student potentially down to a fail. The implications are serious. Aside from this, students will find that their record has been tarnished and when going to interviews for jobs, references and transcripts may have the findings of plagiarism on their records. Indeed in some serious cases of plagiarism a student could even find themselves facing a withdrawal on a first offence.Whilst disproportionate, this is a reality in the most serious of cases. However we urge students who have had allegations of plagiarism against them to come forward. In different cultures, and particularly those of Asian background, students will keep an allegation of plagiarism to themselves, accept it, not challenge it and not inform anybody. They find themselves facing these allegations alone and with a growing workload and the stresses and strains of university and family life will keep allegations of plagiarism to themselves not challenging them. Seeking advice is the best thing to do. Be it from tutors, from the Students’ Union, from friends and family and indeed even obtaining legal advice. It is sometimes the case that we see an allegation of plagiarism is unfounded. Sometimes it is not plagiarism but it is poor academic practice which the student has committed. For example if a student was to unintentionally plagiarise

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by putting references but not quoting and putting in speech marks those words directly taken, or if they were to paraphrase badly, this technically may not be plagiarism. Some universities do still penalise for poor practise however it is considerably less serious. Far less severe than plagiarism. Often poor academic practice is misconstrued as plagiarism when it shouldn’t be. Often students say that they thought they were doing everything right and thought they were following procedure, mistakes having been made unintentionally. This is common practice it may be that the university have not informed the student well enough as to what to do. Students should not feel ashamed that they have been issued with an allegation of plagiarism and should first and foremost seek help. Allegations must be clear, the source of the work which the student is alleged to have plagiarised from and any other evidence which the university seeks to rely on should be provided. Only then will a student have a fair chance to respond to these allegations and make representations in relation to the same. Students will be aware of the software Turnitin. This is a piece of software which detects word for word similarity in documents. This is inclusive of any text which has been submitted to it in the past and anything on the internet which it detects similarity with. Universities sometimes assume that if an assignment has come back with a high similarity percentage they automatically attribute this to plagiarism. The results on Turnitin are not definitive and universities sometimes forget this. Students who find themselves faced with an allegation of plagiarism are often scared and confused of what to do and how to explain the situation to their parents and their peers, particularly with such stigma

I RECEIVED A FIRST CLASS SERVICE FROM THEIR PROFESSIONAL STAFF. I WOULD USE MATCH SOLICITORS AGAIN. M S R I C H A R D S O N , BR I G H TO N

C A S E S T U DY We recently acted for a student accused of plagiarism due to failure to quote appropriately from sources used in assessed course work. We assisted our client in preparing his statement of defence in relation to the allegations highlighting that any errors were inadvertent and unintentional and highlighting the impact of any penalty upon him given his previous good character and strong marks. The Misconduct Panel’s decision appeared to apply a double punishment to our client; it sought to deduct marks from our client’s work, however the marker had already deducted marks before the allegation of plagiarism was even brought. We subsequently appealed the decision with the University who reconvened a fresh Panel. The fresh Panel gave our client a lower sanction of a formal warning. Given the fact that the work did contain plagiarism this was a positive outcome for our client as it represented the least severe of all sanctions available to the University and allowed him the chance to get his degree.

attached to offences like this in the Asian community, which can harm studies. We do not think that plagiarism allegations should have a stigma attached to them. It is not shameful. Universities make mistakes all the time. In any event students should not feel ashamed to put their point across and ﬁght the university. The escalation of an allegation of plagiarism when unchallenged can harm students’ academic career in the future potentially leading to withdrawal. Such scenarios can potentially be avoided if initial allegations of plagiarism are challenged successfully. It is therefore important that students do open up about it. In short, the pressures of university life are enough for the average student.When an allegation of plagiarism does occur this only serves to put additional stress and strain on students.The stigma attached to this should not make students deal with plagiarism allegations alone. A problem shared is a problem halved and often when said out loud the problem does diminish.

WORDS: SALISE DOURMOUSH (TRAINEE SOLICITOR)

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AWAY F RO M H O M E

nternational students are a significant source of income for University across England and Wales. International students are required to pay higher international fees, sit additional courses to those of ‘home’ students from the UK (for example The International English Language Testing System (“IELTS”) or Foundation courses). Despite the attractiveness of international students to Universities and their incentives to attract and keep international students, they frequently find themselves in difficulties. We outline below some of the issues which international students face and which they often need assistance with.

C U LT U R A L D I F F E R E N C E S One of the biggest hurdles which international students face is the difference in culture when they arrive in England or Wales.They come from as far afield as India, the USA, China, Africa and further, and will often have experienced very different education systems. Students who have not been raised in England and Wales can struggle with the formality of the process

I N T E R N AT I O N A L

students HERE ARE SOME ISSUES WHICH INTERNATIONAL S T U D E N T S FA C E A N D WHICH THEY OFTEN NEED ASSISTANCE WITH

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LONDON 3 BOLT COURT, FLEET STREET, LONDON, EC4A 3DQ l DX 133 LONDON/CHANCERY LANE

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| W W W. M AT C H S O L I C I TO R S . C O M

in Universities, the seriousness which allegations such as plagiarism and collusion attracts, aside from trying to grapple with the new language and surroundings. All of these factors can lead to students not performing as well as they could have, not reaching their full potential or even failing examinations and re-sit examinations. This can lead to significant impacts on the studentâ&#x20AC;&#x2122;s mental health. We have seen that often international students are, for cultural reasons, unwilling to share the fact that they are having difficulties, including mental health issues or concerns, be it with tutors, colleagues, family or friends. Conditions such as depression, Post-Traumatic Stress Disorder, and anxiety, are all mental health problems, and are nothing for students to be ashamed of. In fact this can be a legitimate reason to apply for mitigating circumstances so as to seek additional time, or extra help with study. International students can find it difficult to accept that they have these problems, and instead try to persevere with their courses, do not seek help and this can ultimately lead to failing.We would urge all international students to share their issues with someone and to seek help as, in the alternative, they risk course failure. Students should not be dissuaded from seeking medical assistance to help them through their issues in order to recover and, if necessary, recommend reasonable adjustments for taking examinations and being taught while on the course. Medical evidence is crucial when appealing any decision of the University based on mitigating circumstances for mental health reasons.While it may be, in some cultures, seen as a weakness to have mental health issues, this is not so in the UK.

C O M M U N I C AT I O N AND CHALLENGES International students know that even at the best of times, studying in the UK can sometimes be a highly complicated experience, particularly if your first language is not English. Aside from the fact that students are expected to follow their course and pass exams, they are also expected to communicate about every aspect of their everyday lives, all in a language that they are still learning. It is almost inevitable that at WORDS: SALIMA MAWJI, DIRECTOR AND HEAD OF THE FURTHER & HIGHER EDUCATION DEPARTMENT

S U M M E R 2 0 1 7 LE G AL M AT T E R S

AWAY F RO M H O M E

some point during their course, problems will arise that are based on language and communication difficulties. Language and communication issues are common for international students and it is hugely important that they defend themselves if they have been treated unfairly. We know that many international students accept disciplinary measures handed down from University authorities because they don’t feel they have the right to complain or to challenge a decision, even one that they feel is intrinsically unfair. It is therefore extremely important to remember that the status as an international student allows exactly the same public law rights as any native UK student to ensure the university follows a fair procedure and makes reasonable decisions. Similarly, if issues cannot be resolved internally, international students are eligible to apply for legal aid, though this can be difficult to have granted to funding cuts. International student who feel that they have been treated unfairly and that ultimately they have been disciplined or punished because of difficulties that stem from miscommunication rather than any poor behaviour, should in the first instance communicate this with someone within the faculty as the first point of call, then, escalating the issue to the internal complaints procedure if it is not immediately resolved should follow. However, in the event that this has already taken place and the problem has not been satisfactorily addressed, the next stage will be to submit a complaint to the Office

MATCH SOLICITORS SHOWED GENUINE CONCERN FOR MY DAUGHTER’S CASE AND WORKED TIRELESSLY TO ACHIEVE A SATISFACTORY OUTCOME.THE SERVICE AND QUALITY OF WORK WAS EXCELLENT. MR D RICHARDS, BUCKINGHAMSHIRE

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of the Independent Adjudicator for Higher Education (“the OIA”). Students should note that they are only permitted to complain to the OIA once the University’s internal complaints protocol has been exhausted.

I E LT S , C A S A N D I N T E R N AT I O N A L STUDENT FEES Aside from problems faced when international students arrive in the UK, students also face wider issues from the application stage, from an immigration point of view and from the fees point of view. Students must, often as part of the conditions for commencing the course take the IELTS examination.This examination

THE SERVICE PROVIDED WAS EXCELLENT.THE FIRM PROVIDED A SPEEDY SERVICE AND GAVE FULL SUPPORT AT SUCH SHORT NOTICE WHICH I AM GRATEFUL FOR. THEY CONTINUED TO GIVE AFTERCARE AND GUIDANCE. MISS J GOODEN

Language and communication issues are common for international students and it is hugely important that they defend themselves if they have been treated unfairly.

measures the language proficiency of people who want to study where English is used as a language of communication. The examination has different levels which are awarded and different Universities and courses will require the student to meet different levels depending on their individual requirements. It may be that a student is a first class student in their subject matter of say, philosophy in their own language, though due to their performance in the IELTS they cannot meet the entry requirements for that course. International Students will of course have to apply for a Tier 4 visa before they arrive in the UK. In order to facilitate this they will need to be issued with a Confirmation of Acceptance for Studies (“CAS”) letter. Universities can often be slow at producing these even though they are necessary from an immigration point of view.Without the CAS (or indeed a renewed CAS) students will be unable to commence their studies. It is therefore essential that students are clear about this before they apply to a course in England and Wales and anticipate that this may take time.

Applications should therefore be submitted as early as possible. Finally, students need to be clear as to what fees they are being charged and whether this is likely to increase in the coming years, particularly for PhD courses which can span some 5 years. Often moving money between different countries can be difficult and may take some time. Students must be clear on the strict payment deadlines and any other conditions which are in place which apply to them and the consequences of not paying fees or meeting conditions. Consequences often involve restriction on access to the University premises, restriction on access to lectures and online material and retention of results. Despite the above we would not dissuade students who wish to study in the UK from doing so. England and Wales have some of the best universities in the world with some of the best reputations. International students must merely familiarise themselves with the new systems and cultures and not be afraid to seek assistance if necessary.

F ITNE S S TO PRAC TISE

K N OW YO U R

rights WORDS: MUNTINDER KAHLON SHOKAR (ASSISTANT SOLICITOR)

IF ACCUSED OF WRONGDOING AND YOU ARE FORMALLYI R E Q U E S T E D TO A P P E A R B E F O R E A PA N E L , I T I S I IMPERATIVE THAT YOU ACT QUICKLY AND PREPAREI YOUR DEFENCE AS WELL AS YOU CAN .I

F I T N E S S TO P R A C T I S E ? If you are studying towards being a qualified member of a regulated profession, or a student studying towards becoming a regulated professional, there is an additional requirement to your degree that you need to comply with and which is imposed by your chosen professional body such as the General Medical Council

(GMC), Nursing and Midwifery Council (NMC), National College of Teachers and Leadership (NCTL), or any of the other regulatory bodies. Each of these professional bodies have certain standards that they require of those students who are entering their profession and which go side by side with the student’s degree qualification.These

standards can be those of competence, care and conduct, skills, knowledge, good health and good character to do their job safely and effectively. Sometimes, one’s career does not pan out as intended and individuals, often through no fault of their own, find themselves before their regulatory bodies Fitness to Practise Panels.

S U M M E R 2 0 1 7 LE G AL M AT T E R S

FI T N E S S TO P R A CT I S E

W H AT C I R C U M S TA N C E S M I G H T YO U B E D E E M E D U N F I T TO P R A C T I S E ? There are many situations that might result in a student being asked to appear before a Fitness to Practise panel, such as a lack of regular attendance or a lack of perceived commitment to the course to much more serious situations such as when a student does something that results in a criminal conviction. Other scenarios include:

Most of these accusations are obviously very serious indeed but until such a time that a student is found guilty, they remain accusations and the student in question has the right to defend themselves.

WHO ARE THE FITNESS TO P R A C T I S E PA N E L ? The fitness to practise panel is a specialised panel that is able to assess your actions and test those actions against the ethical rules and principles of the profession. If you fall below the standard expected, then the fitness to practise panel has the power, in a worst case scenario, to completely exclude you from ever practising your chosen profession in England and Wales or impose a number of other penalties upon you. It is therefore, imperative that in defending

a case before a Fitness to Practise Panel, you seek specialist advice.

THE QUALITY OF THE WORK AND THE SERVICE PROVIDED BY MATCH SOLICITORS WAS EXCELLENT. MR A FRANKLIN, SURREY

APPEARING BEFORE A F I T N E S S TO P R A C T I S E PA N E L , YO U R R I G H T S ? Being asked to appear before a Fitness to Practise panel can be one of the most stressful experiences you can face as a student. It is important to remember, however, that although the accusations against you may be very serious, you are innocent until proven guilty and you have the right to defend yourself. Understandably, the standards expected of students who study professional programmes in areas such as law, medicine and social work are extremely high.There is a duty to the public to ensure that students on professional training programmes conduct themselves in a professional and appropriate manner at all times, both on and off university premises.This is a complex area, and students are unjustly criticised and ultimately wrongly accused of behaving in a way which brings the university into disrepute.

HOW TO: DEF END YOU RS ELF ? In an ideal scenario, concerns over fitness to practise are resolved without the need for an official hearing. For this to occur, students accused of wrongdoing need to be able to approach tutors or other members of university staff to explain and defend themselves. However, this is

C A S E S T U DY

ur client who had been found unfit to practice by his University following a Fitness to Practice Hearing. Prior to instructing us, he had been through the University’s appeal procedures and the OIA, where his complaint was rejected. It was apparent to us that there were a number of procedural errors in the way that the University’ Hearing had taken place, such as, he was not offered legal representation when potentially allowed, one allegation against him had been dismissed yet remained in the Bundle and there was apparent bias in relation to the Panel members.We argued that the University had erred significantly and the OIA had not considered these issues.The OIA sought further information, having already closed the complaint outcome.The OIA eventually agreed that the previous fitness to practice procedure was unfair. The University was advised to convene a new Fitness to Practice Panel Hearing. This was extremely positive outcome given the client had exhausted his primary remedies before he came to us and this now gives him a chance to challenge the allegations afresh.

L EG AL M ATTERS S U M M E R 2 0 1 7

EXCELLENT SERVICE. WILL RECOMMEND MATCH SOLICITORS TO FRIENDS AND FELLOW STUDENTS. MOREOVER, I WILL USE MATCH SOLICITORS AGAIN IF CIRCUMSTANCES IN THE FUTURE REQUIRE THAT. MR LEHR, LONDON

not always possible and often, students are required to appear before a panel without being given an opportunity to resolve the situation less formally. Once you are formally requested to appear before a panel, it is imperative that you act quickly and prepare your defence as well as you can.You are within your rights at this point to seek professional help or guidance. This is where Match Solicitors can help.

FA Q S :

Where do I find the rules for an FTP hearing? Universities must have

Can a university make up the rules of the FTP? No. The university

Can I have legal representation at an FTP? It depends on the

rules/regulations/procedures that govern a formal fitness to practise hearing. You should ask the School administrator in writing for the written procedures or alternatively check the university’s website or intranet where they should be readily available.

must have rules that are already applicable on the day you started your course.

procedures of the university. Sometimes the paragraph that governs representation at the hearing can be vague and will leave it open to argument.

Do I have to tell my regulatory body if I have been subjected to an FTP process? Yes. You must always

be transparent about this because in all regulated professions, honesty, probity and transparency are paramount. You should tell your regulatory body when you apply to register with them. If they ask you before, you must disclose it.

Specialists in Education Law

Further & Higher Education The higher education department is headed by Salima Mawji, who has an ‘impeccable’ knowledge of the field, and has represented numerous students before internal panel hearings at universities. “The team is recognised as being ‘thorough, with a clear understanding of the individual’s needs”, say interviewees, who also praise its ‘professionalism and unconditional support’. Top Tier Practice for Education Law, Legal 500

Director, Salima Mawji heads up the Further & Higher

and detrimental effects on job prospects following

Education and Fitness to Practise Departments, she has

university.

a wealth of experience in higher education law, both as a lawyer and as an expert speaker. Salima is also

Match Solicitors regularly represents students called

the chosen expert for the media in higher education

before their university disciplinary, or academic

matters. Along with her team of specialist solicitors,

misconduct, panels in cases of plagiarism, ghost writing,

they advise and assist students wherever they require

bringing the university into disrepute, cheating and

legal help at university.

cases where students have been convicted of criminal offences and is able to advise and represent students

Match Solicitors is best placed to advise students when

through the entirety of the process.

there is a relationship breakdown between the student and the university.

Alongside disciplinary proceedings, students often find themselves having to challenge academic decisions

Common internal university appeals include plagiarism,

including degree mark classification, coursework failure

academic misconduct, disciplinary issues, withdrawal

and examination failure or, decisions not to grant

from university, discrimination claims, breach of

extenuating or mitigating circumstances.

contract and negligence. Our team have assisted a large number of students with complaints to the Office of

Match Solicitors have expertise in challenging all manner

the Independent Adjudicator for Higher Education and

of academic decisions from the commencement of

actively litigate against universities.

proceedings immediately following the decision of the University up to and including challenges in the County

Disciplinary proceedings can have a dramatic effect, not

Court for breach of contract and in the High Court

only on a student’s ability to complete their course of

against decisions of the OIA.

study, but an adverse finding can also have significant

TE ST I MONI A L S

your shout EV EN T H OU G H T H IS WA S O N E O F T HE M O ST ST R E SSFU L A N D D I F F I C U LT SIT UAT IO N S I H AV E B E E N IN , T H E SE RVI C E I REC EI V E D FRO M YO U R SE LVE S - A N D C O N SI ST E N C Y - IS T H E B ES T I H AV E E X PE R I E N C E D I N D EA L I NG W IT H A N Y S O LI C I TO R S. I N C L U D E D I N T H IS I S T H E RA N G E A N D D E PT H O F EX P ER IE N C E A N D T H E W I L LI N GNE SS TO BRI N G IN EX P ERT OPI N IO N AT C RI T I C A L M O M EN T S .

I was very pleased with the work that was done on my behalf by Match Solicitors. Everyone involved in my case was helpful and professional.They listened carefully to what I wanted and were always thoughtful and well-considered in the advice they offered. Everyone I dealt with at Match Solicitors was polite and friendly, phone messages were always passed on and my calls were always returned. I would be very willing to recommend Match Solicitors to anyone else needing a specialist education solicitor.They were thorough, knowledgeable, worked in a timely manner and were generally a pleasure to work with. MRS MCMAHON, CAMBRIDGE

MISS E FIELD, LONDON

ZAID ALI - EAST SUSSEX

My experience with Match Solicitors was a thoroughly pleasant one. I felt listened to and at my initial consultation I was given an honest objective opinion. My input was always taken on board and incorporated into the documentation sent to my Medical School. A very friendly Firm. Would be happy to recommend to others who find themselves at odds with their University. MR K PARMAR, MIDDLESEX

Absolutely outstanding from all members of the team...so efficient, professional and absolute experts, such a pleasure to work with, Iâ&#x20AC;&#x2122;ll be referring all who ask to your services... Many Thanks! I received very good advice, prompt and effective. Match Solicitors were very professional. Fears that instructing solicitors might escalate matters proved unfounded. Our difference with the school ended promptly and satisfactorily. MR J KELLY, LONDON

I was very pleased with the service provided to me. My University was able to allow me to resubmit and I now have a BSC in Public Health Nursing. Thank you very much. I will recommend you to others. MRS MECK, ESSEX

Having a child with special needs is a challenge to any parent and the whole process of going to an educational tribunal can be quite daunting. Match Solicitors was able to get the job done professionally and to the highest standard and yet still retaining a very caring and human side which was very reassuring. MRS O AKAGBOSU, LONDON

VERY PROFESSIONAL & EFFICIENT

MR LEWIS, LONDON

I H A D A PO SIT IV E A N D I M PR E SSI VE E X P E RI E NCE . M ATCH S OL I CI TORS WOUL D D E F I NI TE LY BE MY FIR ST C H O I CE, W H E N I N E E D TO WO R K W ITH S OL I CI TORS , WHO ARE S P E CI AL I S TS I N E D UC ATI ON L AW MISS KAV, LONDON

L EG AL M ATTERS S U M M E R 2 0 1 7

LONDON 3 BOLT COURT, FLEET STREET, LONDON, EC4A 3DQ l DX 133 LONDON/CHANCERY LANE

BIRMINGHAM ONE VICTORIA SQUARE, BIRMINGHAM,WEST MIDLANDS, B1 1BD l DX 13052 BIRMINGHAM

CALL US ON 03330 069 187

The quality of work was highly professional, sensitive and yet firm.The service received from Match Solicitors was faultless; highly professional and efficient.The advice received was extremely sound and sensible.The service was fairly priced. I have no hesitation in recommending Match Solicitors and they would be first choice if the necessity arose again. MR MOORE, KENT

| W W W. M AT C H S O L I C I TO R S . C O M

We wanted to personally express our appreciation for helping us with our recent appeal. We can’t believe that we were given a place at the school but we are deeply grateful. You kept us well informed and explained all our options right through the process. We know it must be difficult to see the personal benefits that come from winning a case, but the difference this will make for our family life are immeasurable and we are truly grateful. Thank you once again. ANONYMOUS

WE WE RE V E RY HAP P Y TO HAND OV E R OUR C AS E TO M ATCH S OL I CI TORS AND AL L OW THE M TO D O W HAT THE Y D O BE S T - THE Y WON OUR AP P E AL . ALTHOUGH I T WAS A V E RY S TRE S SFUL TI M E , THE Y TOOK THE TIME TO KE E P US I NF ORM ED AND WE WOUL D NOT HE S I TATE TO RE COM M E ND THE M . THEY MAK E NO GUARANTE E S BUT AT LEAST YOU KNOW, WHE THE R YOU WIN OR L OS E , THE Y HAV E DONE THE I R BE S T F OR YOUR C HILD. MR & MRS O’DEA, SURREY

Excellent! CHARLES ENANG , LONDON

I would highly recommend Match Solicitors as an agent which assist University students through dilemma. Particularly for international students who do not understand the appeal rules well, Match Solicitors is the one you are looking for. ANONYMOUS

Our experience was a good one. Concise, relevant advice and above all honest. Whilst the SENDIST appeal process requires patience and clarity, we found Match Solicitors provided a faultless service. Diligent whilst being understanding. Thorough whilst being patient. Our son is now in the school we required and is thriving due to the support of Match Solicitors throughout the process. MR D CAMERON, LONDON

AL L ROUND EXCEL LENT - THANK YOU RICHARD ASHCROFT

Professional, approachable, helpful. Good communication and friendly staff members; helpful in stressful situations when you require legal help. Many thanks for the work you carried out for me. I wouldn’t hesitate to use your firm again in the future, and will also happily recommend you to others requiring help. ANONYMOUS

I was very impressed with the quality of work and attention to detail. The matter involved tons of paperwork spanning several years and this was all beautifully prepared and presented. The service was first class and I was encouraged by the Solicitors sound knowledge of education law.

T H E ADV I CE TO S P E CI F I C AL LY TA R GE T OUR AP P E AL BAS E D ON O U R DAUGHTE R’S CHARACTE R AND T H E E THOS OF THE I NTE ND E D SC HOOL WAS E X CE L L E NT.

Exemplary, professional, supportive, and empathetic. Polite and responsive. A pleasure to work with. It is important to note the somewhat uniqueness of the case, the complaint resulted in significant changes in the school and the compensation figure. Match Solicitors are extremely fortunate to have staff of the calibre of Rishi in their employ, he was always seen throughout as an excellent ambassador for the firm.

ANONYMOUS

I appreciate all your help in persuading the local authority to help my son! ANONYMOUS

ANONYMOUS

MR REEKIE, CROYDON

S U M M E R 2 0 1 7 LE G AL M AT T E R S

I N D E P E ND E N T S CHOOLS

I have withdrawn my child from their independent school, & they are now chasing me for school fees. What can I do? t Match Solicitors, we have extensive experience of mediating in disputes with independent schools and achieving excellent results on behalf of parents. Our co-director Anita Chopra is recognised as one of the countryâ&#x20AC;&#x2122;s very few legal experts specialising in this area and along with her dedicated team of education lawyers, she is committed to obtaining the best possible outcome for parents without - where possible - the need for lengthy and costly litigation. One of the most common dispute areas in which we intervene on behalf of parents occurs when, for whatever reason, parents feel that they have been left with no choice other than to remove their child from their independent school. What then happens is that the school, deciding that the parent has broken the existing contract between them, demands the continued payment of school fees. Although this is a very common cause for disputes between parents and the officials of independent schools, we are also frequently requested to act when disputes

L EG AL M ATTERS S U M M E R 2 0 1 7

occur because of the following problems:

1 2 3 4

A child is being bullied or discriminated against

Problems have arisen because of or during complaint hearings

There is a dispute over a child being suspended or expelled from school There is an issue over negligence or breach of contract

Very often, it is not uncommon for the child to be taken out of the school because of issues related to one of the above problem areas however if parents withdraw their children from school without giving the appropriate termsâ&#x20AC;&#x2122; notice, the school will, more often than not, pursue the parents for outstanding fees. It is important to remember that as a parent of a child at an independent school, you have every right to fight the decisions and actions of the school. Many parents feel that the actions of the school are sacrosanct and that no matter how unfair they seem, they must be followed.This is not the case; independent schools are not above the law, or the rules of fairness. The legal relationship between an independent school and the parents is a contractual one. Parents agree to pay the school a considerable sum of money for a high standard of education to be delivered to their child. If that standard is not being upheld by the school, you as parents, and as consumers, are well within your rights not only to complain but to seek legal advice. We ensure that we work with the parents to achieve the best possible outcome whilst avoiding litigation. If youâ&#x20AC;&#x2122;re being chased for school fees that you do not feel are appropriate or fair, you should give us a call at Match Solicitors and speak to one of our dedicated education specialists about the details of your case, and from there we will advise how best to proceed.

MatchSolicitors.qxp_A4 Temp 12/05/2017 11:13 Page 1

LONDON 3 Bolt Court, Fleet Street, London, EC4A 3DQ l DX 133 London/Chancery Lane

Birmingham One Victoria Square, Birmingham, West Midlands, B1 1BD l DX 13052 Birmingham Call us on 03330 069 187

atch Solicitors was set up 12 years ago by Anita Chopra and Salima Mawji. Having worked at a previous firm together, both partners qualified into the education law department. In 2005, Anita and Salima jumped ship and launched a new brand of law firm – a boutique, Education Law firm. At the time, Anita was the youngest lawyer to set up her own law firm.

This niche practice achieved nationwide status in the second year of trading after entering both the Legal 500 and Chambers & Partners as a firm worth noticing. Since then Match Solicitors has climbed to the top as one of the leading education law practices in the country.

Despite the success of the firm, the partners, as two Asian women, have faced their own challenges in establishing themselves as serious contenders in the field. These challenges revolve around the perception of women in powerful positions and the subtle threat this poses to the primarily male dominated business world. Anita and Salima have fought long

www.matchsolicitors.com

and hard over the last 12 years to achieve the firm’s status of “one of the best”. The attitude that clients are first and foremost people, and then they are our clients, is prevalent in the firm and each case is represented as if it is the lawyer’s very own case.

Over the years it has become evident that there is a lot of stigma surrounding education related issues. Many parents find it difficult to accept that their child may have a special educational need or that there has been an allegation of academic misconduct or even academic failure. These issues are common place across the education sector. It is our humble opinion that it is better to be open and transparent about these issues as it places the parent, child and student in the best position to achieve what is in their best interests. We are proud to acknowledge and appreciate the entire team at Match Solicitors, past and present, and the very valid contribution they have made to the achievements of the practice and its current positioning in the Education Law world.

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MATCH SOLICITORS Specialists in Education Law Advising students and parents on all Education related matters Academic Appeals • Degree Classification • International Students • Problems with PhD • Disciplinary issues • Fitness to Practise •

Special Educational Needs • School Admission Appeals • Exclusion Appeals • Discrimination • Actions against Independent Schools • Assisting teachers before the NCTL •

For more information call

03330 069 187