With contributions by recognised experts in the field of education law, this book is a comparative study of the resolution of special education disputes, including via mediation. It analyses the varying approaches in England, Scotland, the US and the Netherlands and addresses major questions of dispute resolution, redress, judicial and non-judicial approaches and the protection of citizens' rights. The first review of mediation in citizen v. state disputes outside the context of the courts, this topical book also incorporates findings from a recent ESRC study into dispute resolution in special educational needs cases. It will not only be of interest to those concerned with education issues but also those interested in administrative justice, especially the role of mediation generally

With contributions by recognised experts in the field of education law, this book is a comparative study of the resolution of special education disputes, including via mediation. It analyses the varying approaches in England, Scotland, the US and the Netherlands and addresses major questions of dispute resolution, redress, judicial and non-judicial approaches and the protection of citizens' rights. The first review of mediation in citizen v. state disputes outside the context of the courts, this topical book also incorporates findings from a recent ESRC study into dispute resolution in special educational needs cases. It will not only be of interest to those concerned with education issues but also those interested in administrative justice, especially the role of mediation generally

Permanent exclusion is the most severe sanction a school can impose on a child and the number of permanently excluded children is rising. Based on systematic observation of exclusion appeal panel hearings.Challenges to School Exclusion offers a unique insight into the appeal process. It focuses on:
*mechanisms by which parents and children can challenge permanent exclusion
*the law and current practice
*the social context of exclusion
*reforms of the appeal system made by the School Standards and Framework Act
*the DfEEs latest guidance on pupil inclusion.
Challenges to School Exclusion is the first study to examine permanent exclusion. The findings reveal serious deficiencies in the appeal system, including a frequent failure to deal fairly with excluded children. The text will be of particular interest to head teachers, local education authorities, school governors, education lawyers and education charities.

With welfare to work programmes under intense scrutiny, this book reviews a wide range of existing and future policies across Europe. Seventeen contributors provide case studies and legal, sociological and philosophical perspectives from around the continent, building a rich picture of welfare to work policies and their impact. They show how many schemes do not adequately address social rights and lived experiences, and consider alternatives based on theories of non-domination. For anyone interested in the justice of welfare to work, this book is an important step along the path towards more fair and adequate legislation.

The social security system of Great Britain has reached a crossroads, following the election of a Labour Government promising a 'New Age' of welfare and seemingly prepared to 'think the unthinkable' on welfare reform, at a time when public expenditure on welfare benefits has reached nearly GBP100 billion per annum. In 1985 the Conservative's Green Paper on social security reform announced that the benefits system had 'lost its way'. Attempts were made to curb benefits expenditure and reduce welfare dependency, for example through better 'targeting' of needs, the reinforcement of personal and family responsibility, and tighter administrative controls. The ten years from 1988 to 1998 saw the introduction of many new benefit schemes including income support, family credit, the social fund, disability living allowance, incapacity benefit, and jobseeker's allowance as well as the increasing influence of European Law. Yet the system 'achieves too little' according to the new Government's Green Paper on welfare reform, which promises ' a new contract between the citizen and the Government, based on responsibilities and rights'. The precise form these responsibilities and rights will take remains unknown, although we already have schemes like the New Deal and proposals for stakeholder pensions. Meanwhile, social security law continues to impact upon the lives of millions of citizens. After ten years of major legislative change, and with the prospect of a new direction, this is a time to take stock and to analyse the social and legal impact of the past decade's legislation, case law, and policy, as well as considering possible reforms. The book's approach is to organise this task thematically, particularly with regard to the social context to social security, through discrete chapters on, for example, gender and the family, disability, housing, old age, and unemployment. It is also opportune to examine the theoretical framework of state welfare and social security, particularly in the context of social rights. The book aims to provide an authoritative, contextual and critical account of how British social security law has evolved, how it operates, its substance, and its social effects.

This new edition of Education, Law and Diversity provides extensive updated analysis, from a legal perspective, of how the education system responds to social diversity and how the relevant social and cultural rights of individuals and groups are affected. It spans wide-ranging areas of school provision, including: types of school (including faith schools), the school curriculum, choice of school, out-of-school settings, and duties towards children with special needs and disabilities. It gives extensive coverage to children's rights in the context of education and includes considerable new material on issues including relationships and sex education, exclusion from school, home education, equal access, counter-extremism and academisation. The new edition also retains and updates areas of debate in the book, such as those concerned with multiculturalism and the position of religion in schools. It continues to focus on England but also makes reference to other jurisdictions within the UK and internationally. It is essential reading for anyone interested in the legal and related policy issues surrounding children's education today.

Approximately half of the total UK population is in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as the government pursues its often conflicting economic, political, and social policy objectives. This complexity is highly problematic. It contributes to errors in decision making and to increased administrative costs, and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous UK administrations have had a commitment to simplify the benefits system. It is a specific objective underlying the introduction via the Welfare Reform Act 2012 of Universal Credit in place of diverse benefits, although it is not clear that the reformed system will be legally less complex and better for citizens to access. The book explains how and why complexity in modern welfare systems has grown. It identifies the different ways in which legal and associated administrative arrangements are classifiable as 'complex, ' and it discusses the effects of complexity on the system's administration and its wider implications for rights and the citizen/state relationship. The book also considers the role that the law can play in the simplification of schemes of welfare. It makes reference not only to the UK welfare system, but also relevant policies and experiences in various other States. Law in a Complex State is an interesting and topical study for all those interested in welfare law

This new edition of Education, Law and Diversity provides extensive updated analysis, from a legal perspective, of how the education system responds to social diversity and how the relevant social and cultural rights of individuals and groups are affected. It spans wide-ranging areas of school provision, including: types of school (including faith schools), the school curriculum, choice of school, out-of-school settings, and duties towards children with special needs and disabilities. It gives extensive coverage to children's rights in the context of education and includes considerable new material on issues including relationships and sex education, exclusion from school, home education, equal access, counter-extremism and academisation. The new edition also retains and updates areas of debate in the book, such as those concerned with multiculturalism and the position of religion in schools. It continues to focus on England but also makes reference to other jurisdictions within the UK and internationally. It is essential reading for anyone interested in the legal and related policy issues surrounding children's education today.