Education

Members of Monckton Chambers advise and represent clients in a wide range of education-related cases. Our members act for children, parents, local authorities and schools in public law disputes, including appeals concerning children’s special educational needs, claims of disability discrimination and admissions and exclusions appeals.

Education clients can also draw on Chambers’ core strengths in competition law, employment law, EU law and procurement law.

Members of chambers have particular expertise in the law concerning the education of disabled children and young people and those with special educational needs. Members have advised and spoken regularly on the new duties owed to these children under Part 3 of the Children and Families Act 2014 and acted in the first judicial review case brought under the new legislation (R (L and P) v Warwickshire CC). Members also acted in a case which successfully challenged the proposed reductions in entitlement to Disabled Students Allowance for disabled students in higher education and a case in which they successfully challenged the reorganisation of special schools in Somerset.

A particular area of expertise in chambers is actions for damages for failure to provide children with education, members having acted successfully in a number of such cases.

Specific areas of education law expertise include:

  • Special educational needs
  • Disability discrimination in education
  • School exclusions
  • Failure to educate (Education Act 1996 s 19)
  • The human right to education (Article 2 of the First Protocol ECHR)
  • Support for disabled students in higher education (Disabled Students Allowance)