The Convention rights set out in the European Convention of Human Rights (also known as Articles) are drawn very generally and may be subject to wide interpretation that can change over time.

You may well therefore become the subject of challenge by parents or others.

From 2 October 2000 it will be unlawful for a public authority to act in a way which is incompatible with a person’s rights and freedoms under the Convention.

A public authority includes the DfEE and the LEA. Governing bodies of maintained schools will be expected to comply with the Act.

Staff, pupils and parents will be protected by the Convention.

When deciding issues which directly affect individuals such as employment issues or admission or exclusion cases, a governing body will be under a duty to act in accordance with the Convention.

For those involved in education, there are two Convention rights which have particular relevance.

• Article 2 of Protocol 1 states:

• Article 14 states that:

Other Articles which might be of importance are:

• Article 6: The ‘right to a fair trial.’
• Article 8: The ‘right to respect for private and family life’.
• Article 9: The ‘right to freedom of thought, conscience and religion’.
• Article 10: The ‘right to freedom of expression’.

You can find information about the convention on the Home Office website: www.homeoffice.gov.uk/hract

The good news is that it is generally thought that successful challenges in relation to the provision of education are likely to be rare.

But this does not mean that parents, in particular, will not try to challenge the LEA and governing bodies on a whole range of areas.

For example:

There may be challenges in relation to failure to educate because of failure:

• to provide home tuition or to provide adequate home tuition;
• to ensure that there are satisfactory alternatives to permanent or lengthy exclusion;
• to identify or diagnose a child’s special educational needs with the result that there has been a failure to make proper educational provision;
• to protect adequately children who are bullied so that their education suffers significantly.

There may be challenges in relation to the right to respect for private and family life in relation to:

• school uniforms;
• random searches of students.

There may be challenges in relation to rights to freedom of thought, conscience and religion in relation to:

• challenges involving time off for staff or students who wish to observe religious festivals.

There may be challenges in relation to the right to freedom of expression in relation to:

• uniforms or dress codes;
• whistle blowing.

Even though the Act is unlikely to result in successful challenges, it is highly likely that the LEA and schools will be the subject of an initial rush of formulaic and/or incorrect challenges after (and indeed before) 2 October 2000.

The LEA, Headteachers and governing bodies must be prepared for this and, if necessary seek support (see last section ‘What do you need to do?’).

The introduction of the Act may also have the effect of placing existing policies, procedures and practices under intense scrutiny. This means that you must make sure you are following the law as amplified by DfEE and LEA guidance. In particular it is very important that you are seen to follow Circular 10/99 DfEE Guidance on Social Inclusion.

The Human Rights Act will probably bring about a major cultural change in public authorities in that there will be a much greater emphasis on ‘thinking individual’ and assessing the impact of decisions on individuals.

The extent of this cultural change will only really be known after the Act and the Convention rights have been tested in the domestic courts. But it has to be accepted that there may have to be changes as a result of case law.

The LEA is or will be doing the following:

• undertaking a complete review of policies and procedures to ensure that they are ‘Human Rights compatible’;
• providing further information to governors in the governors’ newsletter, ‘Agenda’;
• ensuring that human rights will be an item on the agenda for the autumn term meeting between Headteachers and the Director of Education;
• providing training/courses to Headteachers and governors between November 2000 and April 2001; 
• offering a legal services helpline via the subscription service to schools. LEA lawyers can provide specialist advice as set out as follows:
• Pamela Cary, Assistant Head of Law – general education queries and social services matters, telephone number 01603 222943.
• Liz Ashness, Assistant Head of Law – employment issues, telephone number 01603 222960.
• Helen Edwards, Solicitor – litigation matters, telephone 01603 223938.

First, don’t worry (too much).

In the short term make sure that you are following the law as amplified by DfEE and LEA guidelines.

Report any difficulties relating to Human Rights to County Hall – particularly the Legal Department.

Consider attending the training courses which we will be advertising in late 2000/early 2001.