School land and premises

Produced in partnership with Christopher McFarland of Sinclairs Law and Jill Morgan
Practice notes

School land and premises

Produced in partnership with Christopher McFarland of Sinclairs Law and Jill Morgan

Practice notes
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Ownership of school land and premises

The ownership of school sites and playgrounds, school buildings and school playing fields depends for the most part on the type of school in question.

Community schools

The land and premises at ‘community’ schools belong to the local authority (ie the county council, borough council or unitary authority) for the area in which the school is located, as do the land and premises at maintained nursery schools and community special schools. The local authority holds the legal freehold interest in the land and premises.

Voluntary schools

Voluntary schools were, by definition, founded without the help of the local authority and, therefore, most of the buildings at a voluntary school belong to trustees, often allied to a religious organisation. Historically, voluntary schools (which are now either ‘voluntary controlled’ or ‘voluntary aided’) were most often founded without any playing fields. Specific ownership and management arrangements can vary slightly between different voluntary schools, depending on the terms of the trust deed and any local agreements. However, there are some general principles

Christopher McFarland
Christopher McFarland

Director, Sinclairs Law


Christopher is a Director within the Education and Public Law departments at Sinclairslaw. Starting with the firm as a trainee in 2013, Christopher has risen internally through the ranks to lead the Education Team in our Cardiff Office. He is the firm Legal Aid Supervisor for Education.

Professional Expertise:

Christopher specialises in all areas of Education and Public law. He has extensive experience with Special Educational Needs (SEN), Additional Learning Needs (ALN), Discrimination and Higher Education cases. Christopher has significant experience in pursuing complex judicial review cases at the High Court and was recently a key member of the firm’s team which brought landmark success in the case of R (Gardner) v Secretary of State for Health and ors [2022] EWHC 967 (Admin).

As the Legal Aid supervisor for Education, Christopher oversees all of the firm’s Legal Aid cases alongside a busy and diverse private practise.

Special Educational Needs (SEN):

Christopher has nearly a decade of experience in supporting children, young people, parents and families with their SEN cases. Whether it is a Tribunal appeal, an admission appeal or an exclusion; Christopher’s calm experience and detailed knowledge of the law of SEN will help you navigate the complex evidence and arguments of your case.

Additional Learning Needs (ALN):

In Wales, Christopher has been a part of key discussions surrounding the creation and implementation of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. Since its implementation, he has guided parents and professionals in better understanding the new legislation and the new system for pupils with ALN in Wales.

Christopher also has extensive experience in supporting young people in Wales in appealing decisions surrounding their Learning and Skills Assessments or Plans (LSA or LSP).

Upper Tribunal:

Christopher also has experience in successfully appealing matters to the Upper Tribunal in circumstances where the First-Tier Tribunal has erred in law. His most recent success was in the case of AB v Newport CC [2022] UKUT 190 (AAC)

https://assets.publishing.service.gov.uk/media/62e7c08bd3bf7f75b89e189c/UA-2021-001315-HSWc.pdf

Discrimination:

Christopher has extensive experience in bringing discrimination cases against schools, colleges and Higher Education Institutions (HEIs) where they have failed to adhere to their duties under the Equality Act 2010.

Notable cases:

MH: Christopher represented a medical student with Dyslexia who had not received appropriate adjustments to one of his examinations. A bright and able student, the student had been prejudiced in this particular examination and had been removed from his course following his mark. After Christopher successfully negotiated his return to the course with appropriate adjustments, the student proceeded to pass his degree with strong grades and is now a practising doctor.

XX: Christopher represented a family whose child had been given a fixed term exclusion for failing to wear a mask during the pandemic. The child had ADHD and struggled to cope with the sensory experience of wearing a mask in lessons. The school had failed to follow government guidance on mask wearing for disabled pupils and had failed to make reasonable adjustments for the child. After a claim was issued to the SEN Tribunal, Christopher was able to negotiate the child’s return with appropriate adjustments in place, together with an apology from the school and a change of schoolwide policy.

Higher Education:

Christopher has extensive experience in supporting clients with all elements of HEI and University cases, to include:

Student finance and fee queries;
Admission Appeals
Academic Appeals
Complaints

Fitness to Practise Cases:

Christopher receives a number of referrals from other firms in the UK and has experience in pursuing cases through internal University procedures, the Office of the Independent Adjudicator (OIA) and to the Civil or High Courts thereafter.

Judicial Review:

Christopher has a broad public law practise, taking forward a number of complex cases. Christopher has particular experience in pursuing novel or unusual cases and his cases have been featured in local and national media.

Notable cases:

R (Gardner) v DHSC [2022] EWHC 967 (Admin): Christopher was a senior member of the team which brought about this landmark judgment against the then Secretary of State for Health and Social Care (Matt Hancock) for implementing an unlawful policy regarding the discharge of patients to care homes during the height of the COVID-19 pandemic.ÌýWe represented two bereaved families of older men who had lost their lives from COVID-19 in a care home.

AC v OIA: Christopher led a case on behalf of a former medical student who sought to return to her course following a period of family difficulties. The OIA refused to hear her complaint due a misinterpretation of its duties under the Higher Education act 2004 https://www.oiahe.org.uk/media/1870/ac-hc-judgment.pdf

R (Lloyd) v Cardiff County Council: Christopher led a case for a client with electromagnetic hypersensitivity (EMH) who had seen his package of care removed without notice from the Council. The High Court ruled that the Council’s decision had been based on a flawed reading of inapplicable guidance and found in the Claimant’s favour.

Professional Regulation and Fitness to Practise:

Christopher has extensive experience representing students and professionals with regulatory and fitness to practise cases. Christopher has represented clients dealing with regulatory issues under the GMC, GDC, HCPC and BPTC. Christopher has represented clients before University Fitness to Practise panels and before the Health and Care Professions Tribunal Service (HCPTS).

Jill Morgan
Jill Morgan

Content writer, Copywriter and Chartered Legal Executive


Jill Morgan is a Chartered Legal Executive and the founder of Clear and Credible Ltd, a content writing and copywriting business, specialising in law, local government and social welfare.
Ìý
Jill has specialised in housing law for a number of years, particularly homelessness and possession proceedings.ÌýShe has a keen interest in social welfare law and associated issues and has contributed to a number of published texts.
Ìý
Jill’s practice extends across all aspects of local government law, including governance, planning, licensing, environmental health, property, housing and commercial contract.ÌýIn her role as Deputy Monitoring Officer, she was heavily involved in governance arrangements and standards matters.ÌýJill managed the local authority’s licensing team for a number of years and has a wealth of experience in advising at committees, sub-committees and contested hearings.

In addition to contributing to the legal practice notes below, Jill has prepared numerous court digests and summaries of judicial decisions across various practice areas.

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Jurisdiction(s):
United Kingdom
Key definition:
School definition
What does School mean?

An educational institution providing primary and/or secondary education.

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