Legal updates

Sean Kennedy - Legal Adviser for AnnaKennedyOnline

Legal updates from Sean Kennedy

Sean is a barrister and has broad experience in a number of practice areas, but his focus has been mainly in the areas of SEN, disability and employment law and also trust law. 

Sean is a Legal Adviser for Anna Kennedy Online keeping us all up to date with his articles.

When to be Specific in an EHCp

B-M and B-M v Oxfordshire County Council (SEN) [2018] UKUT 35 (AAC) The recent case of B-M and B-M v Oxfordshire County Council provides some much-welcomed clarity in relation the specificity that should appear in section F of an Education Health and Care...

Mental Capacity Act

The Mental Capacity Act is the law which guides professionals in how to manage decision making for people over the age of 16 years, where the person is unable to make the decision for themselves. It also provides guidance for people over 18 years of age...

A Case of Perceived Disability

In the recent case of the Chief Constable of Norfolk v Coffey the Employment Appeal Tribunal (EAT) considered an appeal by the Chief Constable of a case that went against them in the Employment Tribunal (ET). What was interesting about this case is that it...

Will I Have to Pay the Local Authority’s Costs?

One question parents often ask us is: “If I don’t win my tribunal appeal, will I have to pay the local authority’s costs”? To answer the question, we first have to look at Rule 10, The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care...

GL v West Sussex CC (SEN) [2017] UKUT 414 (AAC)

This is an interesting case which examines meaning and proper application of the expression “educates or trains” in the context of section 21(5) of the Children and Families Act 2014. This provides as follows: “(5) Health care provision or social care provision which...

‘SEN and EHCP’ workshops

'SEN and EHCP' workshop on 8th November 'SEN and Social Care workshop' on 30th November with our Legal advisor Sean Kennedy. £15 per workshop including lunch 10 am until 2 pm at our Charity Office in Uxbridge Middlesex. To book tickets and for further information...

Staff Training and Reasonable Adjustments

Any business needs to approach the issue of disability from the perspective of both their staff and their customers. For a company to be fully inclusive, the importance of both groups need to given equal weight. But for inclusion to work, it is important to stress...

Getting the most out of your EHCP

Your recent conference just was an emotional day for us as the talks we went to, from experiences by parents, shows how important it is to find organisations such as yourselves and not to be frightened to stand up for all children and know where to get the help. It's...

Consultation – High Needs Funding Reform

The Department of Education is seeking views on proposed improvements to the way that high needs funding is distributed, and other ways we can support the administration of funding for pupils and students with special educational needs (SEN) and disabilities, and for...

Disability Equality in School

There is no doubt that many teachers understand how disability equality can be promoted in school. That said, many teachers have told AKO that more could be done to promote understanding and awareness.   To assist in meeting this challenge The Equality and Human...

Governance Handbook

In late November, 2015 the Department of Education published the: Governance handbook for trustees of academies and multiacademy trusts and governors of maintained schools. A copy of this document can be found here:...

Carers of Disabled Children Who are not Parents.

The Children and Families Act 2014 created a new category of carer, the Parent Carer – defined as people with parental responsibility looking after disabled children.  Local authorities are required to assess parent carers on the ‘appearance of need’ i.e. if it...

Competitive Interview Process

Waddingham v NHS Business Services Authority (ET/1804896/2013)   The above is an interesting case involving a gentleman who has a statutory disability who disadvantaged by the competitive interview process that was being gone through by his employer. This is a...

Together against ‘mate crime’

High profile autism champions Dame Stephanie Shirley and Anna Kennedy, OBE, have given their support to a campaign against ‘mate crime’, the bullying of vulnerable people such as those with autism by their own so-called friends. Dame Stephanie Shirley, named as one of...

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