Legislation and Official Policy Documents
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FAQ: Brexit and the EU Charter of Fundamental Rights
FAQ: Brexit and the EU Charter of Fundamental Rights Part One: What is the Charter? June 2018 Contents Q: What is the EU Charter of Fundamental Rights? A: At the Cologne European Council in June 1999, the European Council adopted a decision on the drawing up of a Charter of The EU Charter of Fundamental Rights of the EU. That decision stated: Fundamental Rights brings together in a single “There appears to be a need, at the present stage of the Union’s document the fundamental development, to establish a Charter of fundamental rights in rights protected in the order to make their overriding importance and relevance more EU. It was proclaimed in visible to the Union’s citizens”. 2000 and became legally binding in 2009. Although The EU Charter of Fundamental Rights (the Charter) brings together in a there is overlap between single document the fundamental rights protected in the EU. The Charter the EU Charter and the sets out rights and freedoms under six titles: Dignity, Freedoms, Equality, European Convention on Solidarity, Citizens’ Rights, and Justice. The accompanying Explanatory Human Rights / the UK Notes are “a valuable tool of interpretation intended to clarify the Human Rights Act, there are important procedural provisions of the Charter” and they set out the sources of the provisions and substantive differences. in the Charter. However, legal experts have commented that, “The Charter is often described as a strand-tying document … However, the This FAQ discusses: characterisation of the Charter thus, as a tidying or strand-tying exercise only, tends to underplay its importance” (C Gallagher, A Patrick and K • The background to O’Byrne 2018 at para 2.12). -
The Impact of Academies on Educational Outcomes
1 About the authors Natalie Perera is Executive Director and Head of Research at the Education Policy Institute. Natalie worked in the Department for Education from 2002 to 2014, where she led on a number of reforms, including childcare and early years provision and the design of a new national funding formula for schools. Between 2014 and 2015, Natalie worked in the Deputy Prime Minister’s Office. Natalie is the principal author of the EPI’s ‘Annual Report on Education in England’ and ‘Implications of the National Funding Formula for Schools’. Jon Andrews is Director for School System and Performance and Deputy Head of Research at the Education Policy Institute. Prior to this, Jon worked in the Department for Education from 2003 to 2016, most recently leading on statistics and analysis for the National Funding Formula for schools, the 2015 Spending Review and the white paper, ‘Educational Excellence Everywhere’. Jon is the principal author of EPI’s ‘The Performance of Local Authorities and Multi Academy Trusts’ report and a series of publications on the performance of grammar and faith schools. Andrew Eyles is a PhD student at University College London and a Research Assistant at the Centre for Economic Performance at the London School of Economics. He holds an MSc in Economics from the University of Warwick and a PGDip in Economics from the University of Bristol. His research interests cover labour and education economics and policy. Gabriel Heller Sahlgren is a PhD student at the London School of Economics and a Research Assistant at the Centre for Economic Performance. -
Human Beings? Reflections on the 70Th Anniversary of the Universal Declaration on Human Rights
All Human Beings? Reflections on the 70th Anniversary of the Universal Declaration on Human Rights Society of Legal Scholars Centenary Lecture 2018, University of Essex Lady Hale, President of the Supreme Court 2 November 2018 This year we celebrate the 70th anniversary of the United Nations’ Universal Declaration of Human Rights – what Eleanor Roosevelt, who chaired the drafting committee, called a Magna Carta for all mankind. The Declaration was non-binding and it took until 1966 to turn it into the binding International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights. The Europeans were well ahead of them in adopting the European Convention on Human Rights in 1950. Of course, these international treaties do not change the law in the United Kingdom. Only Parliament can do that, as it has done with the European Convention, in the Human Rights Act 1998, but only sporadically for the other two. The Universal Declaration opens movingly in article 1: ‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.’ But do we really mean it? I well remember coming home from responding positively to a fine lecture by Albie Sachs on ‘Do wicked people have human rights?’ to find that our flat had been burgled. It is annoying but of course if the police had caught the burglar he or she would have been entitled to a fair trial and not to be seriously ill-treated in prison. Today I want to concentrate on the relationship between the first and second sentences of article 1. -
Understanding Children's Social Care
5262-Frost FM 3/3/09 4:39 PM Page i Understanding Children’s Social Care 5262-Frost FM 3/3/09 4:39 PM Page ii 5262-Frost FM 3/3/09 4:39 PM Page iii Understanding Children’s Social Care Politics, Policy and Practice Nick Frost and Nigel Parton 5262-Frost FM 3/3/09 4:39 PM Page iv © Nick Frost and Nigel Parton 2009 First published 2009 Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, this publication may be repro- duced, stored or transmitted in any form, or by any means, only with the prior permission in writing of the publishers, or, in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publishers. SAGE Publications Ltd 1 Oliver’s Yard 55 City Road London EC1Y 1SP SAGE Publications Inc. 2455 Teller Road Thousand Oaks, California 91320 SAGE Publications India Pvt Ltd B 1/I 1 Mohan Cooperative Industrial Area Mathura Road New Delhi 110 044 SAGE Publications Asia-Pacific Pte Ltd 33 Pekin Street #02-01 Far East Square Singapore 048763 Library of Congress Control Number: 2008934325 British Library Cataloguing in Publication data A catalogue record for this book is available from the British Library. ISBN 978-1-4129-2349-1 ISBN 978-1-4129-2350-7 (pbk) Typeset by Cepha Imaging Pvt Ltd Printed in Great Britain by CPI Antony Rowe, Chippenham, Wiltshire Printed on paper from sustainable resources -
On Her Majesty's School Inspection Service
education sector reports On Her Majesty’s School Inspection Service By Craig D. Jerald www.educationsector.org ACKNOWLEDGEMENTS The author would like to thank Her Majesty’s Inspector Ceri Morgan for providing invaluable information and insights about the English inspection system, as well as Mr. Morgan and his colleagues at Ofsted for reading a draft of the report to check its accuracy. The author also would like to thank Daria Hall of the Education Trust for offering useful feedback and important perspectives on the evolution of school accountability policies in the United States. This report was funded by the Stuart Foundation. Education Sector thanks the foundation for its support. The views expressed in the paper are those of the author alone. ABOUT THE AUTHOR CRAIG D. JERALD is president of Break the Curve Consulting, which provides technical assistance and strategic advice to organizations working to improve education for all students. He can be reached at (202) 232-5109 or [email protected]. ABOUT EDUCATION SECTOR Education Sector is an independent think tank that challenges conventional thinking in education policy. We are a nonprofit, nonpartisan organization committed to achieving measurable impact in education, both by improving existing reform initiatives and by developing new, innovative solutions to our nation’s most pressing education problems. © Copyright 2012 Education Sector Education Sector encourages the free use, reproduction, and dis- tribution of our ideas, perspectives, and analyses. Our Creative Commons licensing allows for the noncommercial use of all Education Sector authored or commissioned materials. We require attribution for all use. For more information and instructions on the com mercial use of our materials, please visit our website, www. -
Twenty Years of the Human Rights Act: Extracts from the Evidence Contents
Rt Hon Harriet Harman MP Twenty years of the Human Rights Act: Extracts from the evidence Contents 1 ECtHR Judgments against the UK: the effects of the HRA 2 2 Relationship of UK Courts and ECtHR 4 3 Using the ECHR in the UK courts 5 4 Judgments on rights 7 5 Wider policy changes brought about through individual legal cases 8 6 The Human Rights Act and Parliament 9 7 The Human Rights Act and Legislation 11 Parliamentary scrutiny of legislation 12 The process when UK courts consider legislation is not compliant with the Convention 12 8 Section 6 of the Human Rights Act 14 Change secured without using court proceedings 15 Training in Human Rights 16 9 Further issues raised in evidence 18 Incorporation of other human rights treaties? 18 The definition of public authority 18 Access to justice 19 Freedom of Religion and Belief 20 Wider Understanding of Rights 21 2 Twenty years of the Human Rights Act: Extracts from the evidence 1 ECtHR Judgments against the UK: the effects of the HRA Box 1: Lord Irvine of Lairg, House of Lords Second Reading Debate, 3 Nov 1997 “Our legal system has been unable to protect people in the 50 cases in which the European Court has found a violation of the convention by the United Kingdom. That is more than any other country except Italy. The trend has been upwards. Over half the violations have been found since 1990.”1 Source: HL Deb, 3 Nov 1997, col 1228 Box 2: Bingham Centre for the Rule of Law […] In 2017 only 0.2%, 2 out of all 1,068 judgments given by the Strasbourg Court found a violation by the UK, and in 2016 this figure was 0.7%, 7 out of all 993 judgments. -
The Adoption and Children (Coronavirus) (Amendment) Regulations 2020
THE ADOPTION AND CHILDREN (CORONAVIRUS) (AMENDMENT) REGULATIONS 2020 Statutory instrument 445 Changes to legal protections for children Briefing for Secondary Legislation Scrutiny Committee Statutory instrument 445 makes around 100 changes in all to 10 sets of children’s social care regulations. Within this, we identify 65 separate removals or dilutions of children’s legal protections (numBered Below). General concerns We are deeply concerned that the Department for Education has made around 100 changes to 10 sets of children’s social care regulations without any public consultation or Parliamentary scrutiny. No evidence or rationale has been produced for individual changes. The Explanatory Memorandum to the Regulations states that it was not possible to comply with the rule which requires relevant instruments to be laid before Parliament for at least 21 days prior to coming into force because “children’s social care resources are already stretched as a result of staffing shortages and an increased demand for services”. The Department for Education also claims to have “consulted informally with the sector who have asked for these changes to be in force as a matter of urgency”. However, organisations said to have been consulted have publicly refuted this on social media – among them the Local Government Association, the Association of Directors of Children’s Services and the Principal Children and Families Social Worker Network. Many of the changes directly interfere with the human rights of very vulnerable children. The Memorandum’s section on Impact makes no reference to the actual impact on children and outlines that a proper impact assessment has not Been prepared because “the changes are temporary”. -
Human Rights Act 1998
Changes to legislation: There are currently no known outstanding effects for the Human Rights Act 1998. (See end of Document for details) Human Rights Act 1998 1998 CHAPTER 42 An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. [9th November 1998] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Extent Information E1 For the extent of this Act outside the U.K., see s. 22(6)(7) Modifications etc. (not altering text) C1 Act: certain functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500, arts. 3, 4, Sch. 1 para. 5 C2 Act (except ss. 5, 10, 18, 19 and Sch. 4): functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by S.I. 2003/1887, art. 4, Sch. 1 C3 Act modified (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(8), 9(3) C4 Act modified (31.12.2020) by European Union (Withdrawal) Act 2018 (c. -
Schools Causign Concern
Schools causing concern Statutory guidance for local authorities January 2015 Contents Summary 3 Section 1: Introduction 8 Section 2: Schools causing concern 10 1. Schools eligible for intervention as a result of a warning notice 10 2. Schools eligible for intervention as a result of having been judged as “requiring significant improvement” or “special measures” 12 Section 3: Warning notices 13 1. Giving a warning notice 13 2. Making representations against the warning notice 14 3. Power of the Secretary of State to direct the local authority to consider giving and to give a warning notice 15 Section 4: Local authorities’ powers of intervention 17 1. Power to suspend the delegated authority for the governing body to manage a school’s budget 17 2. Power to appoint an Interim Executive Board (IEB) 17 3. Power to appoint additional governors 20 4. Power to require the governing body to enter into arrangements 21 Section 5: Secretary of State's powers of intervention 22 1. Power to appoint additional governors 22 2. Power to direct the closure of a school 22 3. Power to provide for the governing body to consist of interim executive members 23 4. Power to make an academy order 23 Section 6: Governance 22 Further sources of information 26 Associated resources (external links) 27 Other departmental resources 27 2 Summary About this guidance This is statutory guidance given by the Department for Education, on behalf of the Secretary of State, relating to maintained schools causing concern. Section 72 of the Education and Inspections Act 2006 places a statutory duty on all local authorities in England, in exercising their functions in respect of schools causing concern as set out in Part 4 of the 2006 Act, to have regard to any guidance given from time to time by the Secretary of State. -
The Development of Human Rights in the United Kingdom
Fordham International Law Journal Volume 28, Issue 2 2004 Article 7 The Development of Human Rights in the United Kingdom Lord Gordon Slynn∗ ∗ Copyright c 2004 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj The Development of Human Rights in the United Kingdom Lord Gordon Slynn Abstract There are two myths about the United Kingdom. The first is that we do not have a constitution and did not have any human rights law until very recently. The second myth, very much tied to the first, is that human rights is a new topic. I find that most law students seem to think that they alone have thought about fundamental human rights and that the rest of the world knows nothing about it. As with most myths, however, none of these is absolutely true. THE DEVELOPMENT OF HUMAN RIGHTS IN THE UNITED KINGDOM* Lord Gordon Slynn** There are two myths about the United Kingdom. The first is that we do not have a constitution and did not have any human rights law until very recently. The second myth, very much tied to the first, is that human rights is a new topic.1 I find that most law students seem to think that they alone have thought about fundamental human rights and that the rest of the world knows nothing about it. As with most myths, however, none of these is absolutely true. Let us address the second myth first. The origin of human rights law extends back to the beginning of Western civilization, to the Greeks and the Romans. -
Children's Rights
Children's Rights International Laws • Argentina • Australia • Brazil Canada • China • France • Germany • Greece • Iran Israel • Japan • Lebanon • Mexico • Nicaragua Russia • United Kingdom August 2007 LL File No. 2007-004112 LRA-D-PUB-000018 The Law Library of Congress, Global Legal Research Directorate (202) 707-5080 (phone) • (866) 550-0442 (fax) • [email protected] • http://www.law.gov This report is provided for reference purposes only. It does not constitute legal advice and does not represent the official opinion of the United States Government. The information provided reflects research undertaken as of the date of writing. It has not been updated. Children’s Rights – August 2007 The Law Library of Congress - i CHILDREN’S RIGHTS Table of Contents INTERNATIONAL LAWS AND PRACTICES Wendy Zeldin.............................................................. 1 COUNTRY REPORTS ARGENTINA Graciela Rodriguez-Ferrand............................................................................... 15 AUSTRALIA Lisa White............................................................................................................. 23 BRAZIL Eduardo Soares ............................................................................................................ 36 CANADA Stephen Clarke............................................................................................................ 51 CHINA Lan Zhang....................................................................................................................... 61 FRANCE Nicole Atwill............................................................................................................... -
Education Act 2011
EXPLANATORY NOTES Education Act 2011 Chapter 21 £9.75 These notes refer to the Education Act 2011 (c.21) which received Royal Assent on 15 November 2011 EDUCATION ACT 2011 —————————— EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Education Act which received Royal Assent on 15 November 2011. They have been prepared by the Department for Education (DfE) and the Department for Business, Innovation and Skills (BIS) in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The Notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. SUMMARY AND BACKGROUND 3. The Education Act is founded on the principles and proposals in the Department for Education November 2010 White Paper, The Importance of Teaching (CM-7980). The Act includes measures to increase the authority of teachers to discipline pupils and ensure good behaviour, with a general power to search pupils for items banned under the school’s rules, the ability to issue same-day detentions and pre-charge anonymity when faced with an allegation by a pupil of a criminal offence. 4. The Act removes duties on schools and local authorities to give them greater freedom to decide how to fulfil their functions. The Academies programme will be extended, with Academies for 16 to 19 year olds and alternative provision Academies.