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Education Law in Scotland

Education Law in Scotland
2nd Edition
Series:  Greens Practice Library
Practice Area:  Education Law
ISBN:  9780414017320
Published by:  W. Green
Publication Date:  22 Jul 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The new edition of this respected title provides a comprehensive account of the law relating to school education in Scotland.

In clear language and with a practical focus, expert author Janys Scott QC guides the reader through the legislative structure underpinning the provision of education in Scotland. This subject is increasingly complex and nuanced and the text provides a completely up-to-date treatise on the developing rights of children and young people in schools and the benefits to which they are entitled. Then, in direct relation to this, the responsibilities of parents, teachers, schools education authorities and Scottish Ministers in relation to the provision of education.

There have been thirteen Acts of the Scottish Parliament dealing directly with education, nine since the previous edition and numerous others with a bearing upon the subject. This creates an intricate patchwork of provision, of which this text offers the reader clear and practical support in understanding. Most recent changes have been made through the Education (Scotland) Act 2016, covered completely within this work – the first and only major work to do so.

The text has been expanded as well as updated, and now contains a full new chapter on teachers which includes qualifications, the General Teaching Council for Scotland and Teaching (Scotland) Act 1965, responsibility for appointment, terms and conditions of employment and the effect of the Protection of Vulnerable Groups Act 2007. 


Education Law in Scotland provides:


·         An understanding of the legislative structure underpinning the provision of education in schools in Scotland

·         Insight into the rights of children and young people in schools

·         A clear indication of the responsibilities of parents, teachers, schools, education authorities and the Scottish Ministers

·         Guidance on the law relating to litigation over: school places, exclusion from school, discrimination, provision for additional support needs and actions relating to personal injury


This is an essential text, providing insight into legal remedies for practitioners, tribunal members and others involved in bringing, defending or deciding cases in relation to education. It also provides accessible guidance for all those who work in the provision of education, including advisors and legal representatives in the voluntary sector who are engaged in advising parents and pupils. Also those working with those pupils everyday; the teachers, head teachers and officers of education.


Key legal developments covered in the text include:

·         A new “National Improvement Framework” for the provision of education established by the Education (Scotland) Act 2016

·         New provisions for early learning and childcare introduced by the Children and Young People (Scotland) Act 2014.

·         Changes to provision of Gaelic medium education in the Education (Scotland) Act 2016

·         An update on school meals and clothing grants from the Education (Scotland) Act 2016

·         A new Schools Closure Review Panel to consider challenges to school closures

·         An analysis of the latest sheriff court cases on challenges to placing requests

·         The case law on challenging school exclusions under the Education (Scotland) Act 1980 and the Equality Act 2010.

·         The latest changes in provision for additional support needs arising from the Education (Scotland) Act 2016

·         A requirement for schools and education authorities to provide auxiliary aids and services and to make reasonable adjustments for disabled pupils.


Janys M Scott is a QC and has written extensively on human rights, family and child law and education.

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