Advice to independent schools and academies

The schools sector continues to be a challenging environment. Independent schools and academies are seeking sustainable development plans to secure their futures in a competitive marketplace while grappling with ongoing governance and regulatory issues. At Penningtons Manches Cooper, we understand the unique combination of commercial, safeguarding, ethical, financial and academic pressures that schools and academies face.

Legal support for education providers

Our dedicated schools team provides an integrated service to independent schools and academies across the UK as well as their international sites. Working closely together as a cross-disciplinary team, we support independent schools, their associated charitable foundations and academies on a wide range of issues including immigration, employment, property, governance, student matters including international students, safeguarding, disputes, commercial contracts and enterprise initiatives.

In addition, our offering extends to health and safety, expansion strategies, reorganisations, accommodation and boarding issues, staff pensions, operation of international entities, and charity and regulatory matters. We regularly advise schools on disability discrimination and the application of reasonable adjustments for students with special educational needs, including instances where Education, Health and Care Plans (EHCPs) apply and proceedings in the First Tier and Upper Tribunal.

Penningtons Manches Cooper are experienced in presenting independent schools in complex education and employment law matters. They have particular expertise in dealing with complex discrimination claims.

The team increasingly undertakes work for schools in relation to Independent Schools Inspectorate and Ofsted decisions as well as working with them to implement action plans and safeguarding risk assessments where required.

Our lawyers understand the importance of providing advice and support which is grounded in the cultural, commercial and governance factors facing each school. At the same time, we ensure that our advice is based on the wider issues faced by the sector as a whole. We recognise that communication is vital, and pride ourselves on being able to explain critical legal issues in an uncomplicated way, so that our clients can make decisions with confidence.

How we help our clients

Safeguarding advice and support

EHCP and SEN issues including First Tier Tribunals and appeals

Employment law, including reorganisations, union activity and TUPE

International student and sponsor licence management, UKVI audits and compliance

Support with ISI and Ofsted inspections including challenging unsatisfactory outcomes

Disciplinary procedures and complaints involving students, parents and staff

Terms and conditions, disputes and reputation management

Governance and constitutional advice

Acquisitions and joint ventures, including international expansion

Enterprise and commercial agreements, IP and brand rights

Property investments, disputes and development strategies

Protection and commercialisation of all intellectual property rights

Penningtons has an amazing employment and education overlap, which is great for school clients.

I love Penningtons Manches Cooper. They have a really good understanding of everything school-related.

The team are uniquely positioned in the education law field due to additional expertise in employment, child safeguarding and commercial law. This breadth of experience is invaluable for school clients.

The team always takes time to understand our issues and business model. We have a great working partnership.

Recent work highlights

Disability discrimination claim and appeal

Advising a leading independent school on a claim for disability discrimination brought by a pupil, including representation throughout the appeals process and at a hearing before the Upper Tier Tribunal.

Judicial review at independent school

Assisting a large independent school in responding to the threat of judicial review following allegations of breach of contract and a proposed withdrawal of a pupil.

Parent contract for preparatory school

Preparing a parent contract for a leading independent preparatory school, ensuring its compliance with recent consumer protection legislation, and advising on contractual liability and authority of individual parents in the light of parental responsibility legislation.

Academic staff dismissal process

Advising a governing body on the potential dismissal of an academic member of staff who raised allegations of sex and racial discrimination, as well as harassment.

Disciplinary and safeguarding issues

Advising an independent school on a series of complicated disciplinary and grievance issues, involving both staff and students, with potential safeguarding implications.

Removal of chair of governors

Acting for a leading independent school in relation to the removal of its chair of governors following serious allegations of bullying directed at members of staff.

School’s sponsor licence reinstatement

Assisting an independent school in the reinstatement of its sponsor licence after a letter of intention to revoke was issued, liaising with the Home Office to address all concern and working with the school to amend systems and processes.

Advice for new independent school

Providing immigration advice to a newly established independent school in the UK, including liaising with UK Visas and Immigration, advising on Ofsted regulation, creating safeguarding policies and submitting a sponsor licence application.

Special Educational Needs and Disability Tribunal

Representing a senior school in proceedings before the SENDist Tribunal, defending against claims that had been brought by a pupil concerning the school’s provision for special educational needs.

Teachers’ Pension Scheme withdrawal

Providing strategic and legal advice to a number of independent schools considering or in the process of withdrawing from the Teachers’ Pension Scheme.

Joint venture and expansion plans

Acting for a prominent independent specialist school in connection with its plans for strategic growth, including evaluating an investment opportunity from a third party through a joint venture and advising on the acquisition of an additional school site.