Education lawyers

Expertise provided by our education lawyers

Higher and further education

Our deep knowledge of the Higher Education sector gives us a sharp insight into the issues you face, enabling us to provide pioneering legal solutions to help you address them head on.

Members of our team of education lawyers have held a variety of in-house posts in Universities and thanks to our full range of legal services tailored specifically to higher education institutions and strong history of working with FE and HE, clients can be sure to receive a truly focussed service.

Examples of our work in higher and further education include:

1. Advising HE Institutions on contentious student issues and the idea of the student as a consumer. We are especially skilled in dealing with complaints involving Equality Act issues. Examples of recent advice:
   • We undertook a comprehensive review of a number of student discipline cases involving fitness to study procedures for one university client;
   • We advised in respect of a student who was being investigated by the police in relation to an alleged serious sexual assault against two other students studying at the same institution. We provided advice in relation to bail conditions and how the university could manage both on and off campus study for the accused;
   • A former student was sued by one of our clients for unpaid fees. In defending the claim, the student also brought a counterclaim alleging discrimination on the basis of failure to implement reasonable adjustments. We obtained summary judgment on the debt claim, a strike-out of the counter claim and a costs order in the University’s favour; and
   • Undertaking a detailed review of a university’s Student Discipline Procedure. The advice also dealt with the appropriate management of criminal offences to accord with the Zellick principles.
2. We advised QMUL on the establishment of a medical school in Malta. Funded initially by the Maltese Government and based on the island of Gozo, the school provides a teaching programme delivered by staff from QMUL’s Barts and The London School of Medicine and Dentistry.
3. The school was built to QMUL’s specification. QMUL will enter into an agreed form lease on practical completion of the building for an initial term of 15 years. We advised on the education, construction, real estate and commercial aspects.
4. We advised on the establishment of the Northern Health Science Alliance. The NHSA was established as a company by eight leading Universities and eight NHS Hospital Trusts in the North of England, linking with the newly formed Academic Health Science Networks (AHSNs) to act as a single portal bringing together research, health science innovation and commercialisation to provide benefits for researchers, universities, hospitals, patients as well as commercial partners. We advised the directors on the appropriate structure and corporate governance arrangements, drafted communications with members and drafted/completed the articles of association and members agreement.
5. We have advised universities on a range of contract/discrimination issues where these arise out of student status or where there is a crossover between student and employment status. Examples:
   • Advice provided to a University wishing to set up a degree course overseas but within a jurisdiction which does not permit people who are HIV positive to remain on a long term basis. Potential Equality issues for students and staff.
   • Advice provided to a University in dealing with claims made by a mature student who was unsuccessful in application for part time employment at the University and raised claims of age discrimination.
   • Advice provided in relation to secondee students facing misconduct allegations employed by the Student Union but remaining under the student policies and procedures of the University.

Schools

Our education lawyers provide a full support service to independent schools, co-operative schools, local authority maintained schools and academies.

Through our Support for Schools service, we provide all the expert legal and HR advice you'll need throughout the school year. Our team includes ex-local government solicitors with a unique understanding of the intense scrutiny under which this sector operates.

Education law training

We offer a wide range of bespoke training programmes, tailored specifically to meet the individual needs of higher education institutions. Training covers the full spectrum of legal requirements across:

• Specialist education services
• Information management and cyber security
• Corporate and commercial
• Employment and HR
• Estates.