Bullying & the Law in Scotland - A new guide for parents in Scotland from Govan Law Centre

Govan Law Centre’s Education Law Unit has today published a guide for parents on bullying and the law. RespectMe’s report on Bullying in Scotland (2014) revealed that 30% of pupils were bullied in the last school year, and for many families it is an ongoing and debilitating problem.

Bullying at school is one of the main reasons the Education Law Unit is contacted for advice, and the guide will be distributed free of charge in PDF format so that it is accessible to all.

Iain Nisbet, partner at Govan Law Centre and Head of the Education Law Unit said: “Our aim in producing this guide is to set out as clearly and simply as possible, what the law says about bullying in all its guises.  Bullying at school, whether it is a physical assault or abuse via social media platforms, needs to be dealt with". 

"By informing parents and others about the rights and responsibilities in this area, we hope to empower parents and families to make the right decisions and to work with the right agencies to help address the bullying and to protect the child in question from further harm.”

GLC's Bullying & the Law Guide is available as a free PDF download here.

Bullying & the Law in Scotland - A new guide for parents in Scotland from Govan Law Centre

Disabled schoolboy wins right to guitar lessons

As The Herald reports today, many youngsters with disabilities in Scotland are expected to benefit following the ruling in a Govan Law Centre discrimination case against South Lanarkshire Council. 

A pupil at a primary School in East Kilbride, had a guitar bought for him by his parents so he could take part in the sessions, and they asked the local authority to provide him with additional support, including for assistance in using the toilet and other personal care and moving and holding his guitar.

Thomas, who has several chronic conditions that have a significant effect on his ability to carry out normal daily activities, required help to adjust his guitar, take it in and out of its case, and turn the sheet music. However, he could hold and play the instrument and use large-print music sheets.

South Lanarkshire refused the request for asssitance, claiming sufficient support was in place. An additional support needs tribunal ruled it should not have denied the pupil the chance to participate.

The case, the first of its kind in Scotland, has been welcomed by human rights campaigners for establishing that inclusion should not "end with the school bell" and that extra-curricular activities are covered by equalities laws. The Equality Act requires schools to make reasonable adjustments to avoid substantial disadvantage to any disabled pupil.

In finding South Lanarkshire had unlawfully discriminated, the tribunal considered guidance issued by the Equality and Human Rights Commission on making reasonable adjustments for disabled pupils. They found it had not met the duty to make reasonable adjustments and that Thomas was "substantially disadvantaged" from engaging in the club, adding: "His health and safety is compromised as a result. His additional support needs are not met.'

Iain Nisbet, Head of GLC's Education Law Unit, which represented the pupil, said: "We are very pleased to have this early confirmation that a school's duties extend to after-school activities and that Thomas will now be able to take part in the guitar club. This ruling could not be more clear: the duty of inclusion for disabled pupils does not end when the bell rings at the end of the school day."

Thomas's mother, Catherine Pettigrew said, "Thomas has always been able to participate in mainstream education and school-related activities, just the same as other children, so he was very distressed when he couldn't participate in the guitar club – he felt that he was being left behind, that he was being excluded, which is very difficult for a 10-year-old. All he wanted to do was learn to play the guitar. It is important that Thomas can now learn to do something he loves, just like his friends, and also that other parents know that this type of support is available to them."

Disabled schoolboy wins right to guitar lessons

Highland pupil's road safety dispute

The Press and Journal reports that a Highland couple have kept their 10-year-old daughter off school for 18 months – for fear she might be knocked down and killed on a busy single-track road. 

Robert Brooks and his wife Shermaine from Skye claim it is not safe for Katie-Ann to walk three miles along the 60mph limit A855 Uig to Staffin road to Kilmuir Primary School because there is no pavement or street lighting.

They decided to keep her at home after Highland Council ruled in August 2009 that she no longer qualified for free transport because she lived less than three miles from the school, a distance children aged eight and over are expected to be able to walk.

Louise Melia, associate solicitor at the Glasgow-based Govan Law Centre, who has taken up the family’s case, said a legal precedent had already been set whereby walking distance rules could be overridden on the grounds of road safety. Ms Melia said councils have a “huge amount of discretion” and the authority could decide to provide free transport if it wanted.

A spokesman for Highland Council said the council had carried out a new risk assessment of the A855 and the results would be shared with Mr Brooks “very shortly”.

Highland pupil's road safety dispute

New code will help parents of children with additional support needs

The Herald reports that parents of children who need extra help in school are now in a better position to demand it, but many councils don’t fully understand the duties imposed on them by a new Government code, according to legal experts. Last month the Scottish Government published a code of practice on supporting children’s learning, which clarifies laws passed in 2005 and updated last year.

Iain Nisbet, of Glasgow’s Govan Law Centre, says the guidance will give parents new rights to take councils to tribunals or courts if their children’s needs are not met. “The code of practice will have a subtle but significant impact,” he said. “We already have duties incumbent on schools, but this gives it a standing in law that previous policies didn’t have.”

The code makes it clear that parents of children with learning disabilities, for instance, can expect schools to help plan what happens when their child leaves school, no less than a year before it happens.

“Transitions to post-school places are supposed to begin not more than 12 months before the child is due to leave school. Such transitions are a really big problem and are still not being done very well,” Mr Nisbet said. “If there is no plan in place, parents will be entitled to ask – why not? And they will have a new right to challenge transitions that aren’t done well.”

The code also clarifies the duty of local authorities to consider the additional needs of children in care, and the right of parents of any child to ask for an assessment of any special needs they may have.  The full story is available in The Herald here.

New code will help parents of children with additional support needs

GLC's Iain Nisbet to address Belfast conference on education law

GLC's Education Law Unit Director, Iain Nisbet, solicitor and partner, will address a legal conference on educational additional support needs in Belfast this week (Thursday 26 August 2010).

The conference is being organised by the Special Educational Needs Advice Centre (SENAC) in Northern Ireland, in conjunction with the Queen’s University Centre for Human Rights.

Iain's presentation will include an examination of the Scottish experience of the Education (Additional Support for Learning) (Scotland) Act 2004.  Other conference contributors include Brian Lamb OBE, Philippa Stobbs and Frances Ross-Watt.  Further details of the Belfast conference are available online here.

GLC's Iain Nisbet to address Belfast conference on education law

World-class concert to kick-start the Govan Law Centre Schools Trust

GLC is launching a new trust to support local school children in Govan, and we hope to raise funds for this initiative through a classical concert with internationally acclaimed artists, to be held in Glasgow on the evening of Friday, 30 July 2010.  Through the kind generosity of clients of our national Education Law Unit, we are delighted to announce a performance which will include some of most gifted young classical musicians on the international stage:

Jacob Shaw, cellist
Jacob Shaw is rapidly establishing himself as one of the most promising cellists of his generation, appearing reguarly across Europe to critical acclaim. Jacob first studied at the prestigious Yehudi Menuhin School in London, before entering into the class of Geneviève Teulières-Sommer, and Devy Erlih at the École Normale de Musique de Paris supported by the Zaleski Fondation and the ASSOPHIE association.

He became the youngest ever cellist in the history of the school to graduate the Diplôme de Concertiste.  He has peformed across Europe and the USA, and has recorded his debut album, comprising of Sonatas and shorter works by Brahms, with the renowned Argentinean pianist José Gallardo, due for release this year. Future performances will bring him to Japan, Brazil, Korea and China.

A passionate chamber musician, Jacob is often asked to appear alongside renowned musicians, in recent years bringing him on stage with artists such as Daniel Blumenthal, Andrius Szabys, Pierre-Henri Xureb, Elisabeth Zeuthen-Schneider, Valeriy Sokolov, Mark Gothoni, Sofia Gubaidulina, Kyung-Sun Lee and José Gallardo.

Suyeon Kang, violinist
Born in South Korea, Suyeon Kang began the violin at the age of 6 in Canberra, with Josette Esquedin Morgan. During further studies in Sydney and Melbourne, she was named the Australian Young Performer of the Year 2005, which led to her concerto debut with the Sibelius Violin Concerto. In 2007 Kang moved to Germany to study with Professor Daniel Gaede (ex-concertmaster of the Vienna Philharmonic), and since 2009 has been working as his assistant.

Suyeon has appeared as soloist with the Norwegian Broadcasting Orchestra (KORK), Bayerischer Rundfunk Orchester, the Melbourne, Tasmanian, Queensland, and Canberra Symphony Orchestras, Orchestra Victoria etc. She has performed extensively in recitals in concert venues throughout Europe, Australia and Asia.

A passionate chamber musician, Suyeon has appeared with artists such as Siegfried Jeruselem, Julius Berger, Franz Halasz, and recently formed a duo with the cellist Jacob Shaw. Always keen to push the limit of the capabilities on the violin she has worked with musicians and composers of different musical horizons, ranging from classical to jazz/folk music.

The concert will be held in Adelaides Auditorium on the evening of Friday, 30 July 2010, 209 Bath Street, Glasgow, G2 4HZ.  The programme will be finalised shortly, and will include an outstanding young classical vocalist.  Ticket prices are £10 for adults and £5 for children; no concessions are available as this is a charitable fund raising event. 

To buy or reserve tickets, or for further information, please contact GLC on 0141 440 2503 or e-mail m @govanlc.com; or fax us on 0141 445 3934.  Please note that 100% of the ticket price will go to help school children in Glasgow Govan; everyone involved in this event is kindly donating their time without charge to support our trust fund.

GLC will be setting up a stand-alone charitable trust which will provide funds to help local school children in Glasgow Govan. The new trust will help pay for additional school materials, educational visits and school trips for kids who otherwise couldn't afford to enjoy such opportunities, as well as providing a number of specific educational bursaries to help local Govan kids progress with their studies.

World-class concert to kick-start the Govan Law Centre Schools Trust

HMIe to investigate school support unit in Portree

An additional support needs unit at a school on Skye is to be investigated by HM Inspectorate of Education (HMIE) following complaints from parents, handled by Govan Law Centre.

Allegations include claims that one pupil was forced to do excessive levels of physical exercise, contrary to medical advice.

Parents of three children attending the unit at Portree High School contacted Govan Law Centre, which notified the Scottish Government through a statutory complaints mechanism. The Scottish Government has asked HMIE to visit the school to investigate the claims.

GLC's Iain Nisbet felt the nature of the complaints was such that they should be referred to the Scottish Government.

He welcomed the action taken by ministers. "The legislation allows Scottish ministers to investigate and intervene in cases where there has been any breach of education law,".

"Because we had been approached by a number of parents from the same school, we felt it was appropriate to alert the Scottish Government to these ongoing concerns.

"I am very pleased to see the prompt and effective response of the government and will await the report by HMIE with interest."

A government spokesman said: "Ministers have asked HMIE to visit the Portree High School special needs unit following concerns raised through the Govan Law Centre.

"HMIE will report back to the Scottish government by the end of November when consideration will be given to whether any further action, if required, should be taken."

HMIe to investigate school support unit in Portree

Call for more funding for school autism units

The Herald reports that Scottish local authorities are coming under increasing pressure to provide more specialist places for pupils with autism.

The row has come to a head after a court case involving Ross McLaughlin, a 12-year-old Glasgow pupil with autism. Ross was assessed as requiring a specialist place when he moved from Caledonia Primary School, in Baillieston, Glasgow, to nearby Bannerman High School.

He was then told there was no place for him because the unit, which caters for 12 pupils, was full, and that he would have to be supported in a mainstream classroom on a temporary basis.

His parents sought help from Govan Law Centre's Education Law Unit. Glasgow City Council initially contested the action, but, a few days before the court hearing, Ross was offered a place in the unit at Bannerman High.

GLC's Iain Nisbet, said the law was clear that education authorities had a duty to make adequate provision for children with additional support needs - and that costs could not be an easy excuse for failing to do so.

"It is a continuing source of frustration that education authorities have not made the necessary arrangements to accommodate the needs of all of their autistic pupils, leading to an annual lucky dip for parents seeking places," he said.

Call for more funding for school autism units

Parents misled on school placing requests

Many of Scotland's local authorities are being accused of deliberately misleading parents over the legal rights on school placement requests.

The Govan Law Centre in Glasgow said councils were turning down requests on the basis that they would breach guidelines on pupil numbers.

This comes in spite of a test case which established that rules on class sizes are not binding in law.

Councils say it is not within their power to change the situation.

Reducing primary class sizes is a flagship policy of the SNP, which has a target of reducing class numbers in P1 to P3 to a maximum of 18.

But the Scottish Government has now said that it would allow the policy to be applied differently in different areas.

The full story is on the BBC's website here.

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Parents misled on school placing requests