Download e-book for iPad: Resolving Disputes about Educational Provision by Neville Harris, Sheila Riddell

By Neville Harris, Sheila Riddell

ISBN-10: 1409419258

ISBN-13: 9781409419259

With contributions through well-known specialists within the box of schooling legislation, this e-book is a comparative research of the answer of certain schooling disputes, together with through mediation. It analyses the various ways in England, Scotland, the united states and the Netherlands and addresses significant questions of dispute answer, redress, judicial and non-judicial techniques and the safety of electorate' rights. the 1st evaluate of mediation in citizen v. kingdom disputes outdoor the context of the courts, this topical booklet additionally comprises findings from a up to date ESRC research into dispute answer in specified academic wishes situations. it is going to be of curiosity to these involved particularly with schooling matters and people drawn to the function of mediation often.

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A market orientated system in particular rests on the idea that consumer demand will be linked to quality, so that if schools are funded on a per capita basis (that is, on the basis of pupil recruitment levels) parental choice brings resources to the school. In the same way, if the parents of a child with SEN express a preference for a school placement that involves additional expenditure for the local authority, they are potentially contributing to the process of resource allocation, although the local authority may be able to show legal grounds for denying their choice.

Later chapters will examine the evidence on the choice of dispute resolution mechanism to resolve disputes about SEN and the factors influencing it. 24 This is discussed in chapter 3. 12 Resolving Disputes about Educational Provision Disputes: The voice of the child All of the disputes on which this book is focused concern children’s education. The extent to which the centrality of the child’s interests is either recognised or reflected in the arrangements for dispute resolution needs to be addressed.

Cowan and Halliday (2003, p. 153), for example, found that internal review, as opposed to the complaints process, was the selected mechanism for redress among those motivated by their poor treatment, since it enabled the problem to be ‘exposed’. It may reasonably be assumed that to a parent with a serious objection to a decision about the educational arrangements for their child the possibility of a binding ruling which may be capable of enforcement in cases of default, albeit via a separate court action, would be more attractive than an unenforceable mediated settlement.

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Resolving Disputes about Educational Provision by Neville Harris, Sheila Riddell


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