Mike Pemberton

Our education law specialists recently represented a first year student who was expelled from a nationally renowned university following what were considered to be initiation acts within a university sports team. The university learned of the acts...

The deadline for primary school admissions for the school year commencing in September 2021 will expire on the 15th January. It is still possible to apply for a primary school place after this time but the application will be dealt with as a late...

The government announce changes to the law in relation to the filtering of criminal offences on standard and enhanced criminal record certificates provided by the disclosure and barring service. These will come into force on 28 November...

Mike Pemberton, partner and head of the civil liberties & public law team at Stephensons Solicitors LLP, specialises in education law and has provided assistance and representation to parents and children who have been unsuccessful in the past. He...

As the chair of governors at a maintained school, a recent question has arisen as to how we can conduct the governance business required whilst there are recommendations that face to face contact is avoided . The School Governance (Roles, Procedures and...

Monday 2 March 2020 is this year’s national offer day for secondary school admission applications when parents and pupils receive the decision on whether they have been successful in their choice of preferred secondary school. It will be a day of...

Its that frantic time of year again when parents and children are considering their preference for secondary schools as the admissions window opened in early September 2019 for pupils going to secondary schools in September 2020. Education lawyer Mike...

Tuesday 16th April is this year’s national offer day for primary school admission applications when parents and pupils receive the decision on whether they have been successful in their choice of preferred infant school. It may be a day of...

Friday 1st March is this year’s national offer day for secondary school admission applications when parents and pupils receive the decision on whether they have been successful in their choice of preferred secondary school. It may bring...

The Supreme Court are due to hear the case of P and Others v Secretary of State for Justice following an appeal by the Secretary of State. The case involves a number of individuals who have been subject to criminal record disclosure and are left in a...

The Manchester Evening News has recently reported details of a case in which an ex-teacher has been acquitted of allegations of a sexual nature. For many, acquittal at a criminal trial is seen as the end of a stressful ordeal and an opportunity to move...

The deadline for primary school admissions for the school year commencing in September 2018 expired on the 15th January 2018. It is still possible to apply for a primary school place after this time but the application will be dealt with as a late...

Beginning in 2018, the DBS will offer a service for a basic DBS check. This is in addition to the standard and enhanced level checks already provided as well as the information relating to the protection of vulnerable groups (barring register). The basic...

The department of education has recently updated guidance on how schools should deal with bullying, in July 2017. Bullying, is described by the guidance, as ‘behaviour by an individual or a group, repeated over time, which intentionally hurts...

The High Court has today (January 22nd) handed down its judgment in a challenge to the disclosure of more than one minor offence under the Police Act 1997 and Rehabilitation of Offenders (Exceptions) Order 1974. Both claimants in the case have two...

Resource website Community Care has published an analysis of 55 local authorities adult social care budgets for 2014-2015 . Given ongoing cuts to public funding , local authorities are under pressure to continue to cut their budgets. In the Community Care...

The Children and Families Act 2014 became law on the 22nd April 2014 and has been hailed as the greatest shake up to the Special Educational Needs system in 30 years. A further Code of Practice for Special Education Needs was published on the 16th April...

2nd April 2014 is National Autism Awareness Day. Autism is a condition that affects one in a hundred people in the UK and is recognised as a developmental disability. It affects the way a person communicates and how they experience the world around them. ...

The deadline to make an appeal against school admission decisions relating to secondary education is fast approaching. National Offer Day on the 3rd March 2014 provided parents and pupils with a determination on whether they had been successful in their...

The Birmingham Mail has recently reported (17th March 2014) that families from a school in Rednal have been affected by a data protection breach involving a council contractor. Personal details of 11-year-old school pupils were sent to...

A recent Wales ITV investigation which was aired during Wales This Week on the 17th March 2014 reflected concerns of parents that the provision of Special Educational Needs to children was no better than it had been back in the 1980s. ITV made a Freedom of...

The Telegraph has recently reported that there has been an increase in the number of children missing out on the first choice secondary school within the current applications round. The 3rd March 2014 was National Offer Day for secondary education and a...

In the recent case of Westminster City Council v Sykes [2014] EWHC B9 (24/02/2014) the Court of Protection has ordered that an 89-year-old dementia sufferer who spent her life campaigning for political causes and the rights of others can to return to...

‘The right to decide whether or not to consent to medical treatment is one of the most important rights guaranteed by law. Few decisions are as significant as the decision about whether to have major surgery. For the doctors, it can be difficult to...

We are fast approaching the somewhat anxious time of year when the allocation of secondary school places will be announced. This will take place on 3rd March 2014 and is known as National Offer Day. (Reception places are expected to be announced on 16th...

S1 of the Mental Capacity Act 2005 states that a person lacks mental capacity if ‘he is unable to make a specific decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or...

There has been mass media recently over the Court of Protection judgment in the case of Re: P (A Child), heard by HHJ Newton. The facts of the case are that the mother, an Italian national, has a history of mental health problems, and during her pregnancy...

BBC News recently reported the findings of a local government watchdog, which has revealed that many foster carers are ‘losing out’ by being refused the necessary financial support to provide children with proper care. Often children whose...

BBC News has this week reported of the widespread use of 15-minute care visits to the elderly and disabled. The Leonard Cheshire Disability charity says that these visits are not long enough to provide adequate care and “can force disabled people to...

The Court of Protection makes decisions on behalf of people that lack the capacity to do so themselves. The recent reporting of a case involving Wanda Maddocks has attracted a lot of publicity and alleged that the Court is far too secretive. The Court had...

The Court of Protection heard the recent case of An NHS Foundation Trust v M & K [2013] EWHC 2402, in which declarations were sought by the NHS Trust that the man (known throughout as M) should not be given Intensive Care treatment or CPR should there be...

Last week another difficult and controversial case came before the Court of Protection, reported in the Telegraph. The case involved a woman who was the subject of an arranged marriage to a man with severe mental disabilities. Sandwell Metropolitan Borough...

An important Ombudsman’s report has been published this week following an investigation into Liverpool City Council and its Social Services department. The Ombudsman found that in 340 cases which it had been made aware of, the Council had not paid...

Significant changes in the Coronial system came into force on 25 July 2013. The new system will apply to all existing inquests not completed by 25 July 2013. Many core aspects of inquests remain the same, but there are several key areas of change. With...

In a recent Court of Protection case, Re Buckley, restrictions were imposed on an attorney’s ability to invest a donor’s funds. The case involved a Lasting Power of Attorney (LPA) which was granted by Miss Buckley, 81, to her niece to be her...

With the recent discovery that more than 57,000 people are on police bail, Richard Atkinson, chairman of the Law Society's criminal law committee, is calling for a review of police bail practices and suggesting bail should be to be limited to a maximum...

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (forgive me whilst I catch my breath) SI 2013/1198 which came into force yesterday following the judgment of the Court of Appeal in the...

An article published on The Independent website yesterday told of an emotive case that has this week been heard in the Court of Protection. The 37 year old woman, known as ‘SB’, is said to be suffering from severe mental health problems...

Today the BBC and news agencies report that Ministers are promising an end to the era of vulnerable people being passed around the health and care systems. The pledge forms part of a shared commitment being set out by...

Thousands of potential victims of trafficking were identified in the UK in 2011. Around 22% of the trafficked individuals are trafficked for the purpose of forced labour.Thousands of potential victims of trafficking were identified in the UK...

The Care Quality Commission, the government’s watchdog on Care Standards, has reported its findings of a sample of 250 home care supply companies who provide care to the elderly, vulnerable and the disabled in the UK. Around 700,000...

Over the weekend, news reports have emerged that Jeremy Hunt, the coalition government’s Health Secretary is set to announce details capping the cost that anyone would pay for nursing care in their lifetime. The...

With an ageing population and people living longer with serious illness and disability, caring for an older or disabled loved one is increasingly a reality for UK families. There are over 6.4 million carers in the UK and latest Census figures...

Many people who have family or friends in prison are likely to have heard their loved ones speak about facing adjudication charges or ‘nickings’ for breaching prison rules. These charges are a way of...

In a report examining central government’s approach to local authority funding, the National Audit Office has highlighted today the increasing difficulty faced by local authorities, over the rest of the Government’s spending review...

A recent news article concerning Operation Harvest highlights the importance of seeking legal advice in relation to unreasonable requests by the Police for Sensitive Personal Data. Operation Harvest involves Police...

News reports have emerged that Paul Burstow the minister who was in charge of care policy until last year’s cabinet reshuffle is calling on the Government to implement the Dilnot report, which recommends capping social care costs that...

This week, Care and Support Minister Norman Lamb announced an extra £40m will be added to the budget to provide Disabled Facilities Grants to help people remain independent in their own homes for longer. The...

This week, news reports have emerged of long-awaited funding being made available from the Government to tackle the increasing difficulties that people face who have a form of dementia. David Cameron has taken the issue...