Education law

Considering how often issues relating to schools, colleges,universities, examinations or qualifications appear in the news, you can begin to get a feel for the variety of work that education lawyers address. The range of education bodies and the variety of legal issues that arise are vast.

Education law is a diverse and multi faceted area of English law. While there is a specific body of law that applies exclusively to institutions operating within the education sector, for example the Education Acts,such institutions often straddle the public, charitable and private spheres and are therefore subject to a multitude of legal and regulatory requirements.

Graduate careers in education law

Education lawyers act on behalf of students and staff as well as schools,higher education institutions, funding councils and education-focused, nondepartmental government bodies. The work of an education lawyer involves contentious (a case that has a dispute at its heart) and non-contentious matters. You may find yourself providing urgent advice in high-profile matters of national interest, analysing the long-term effects of new legislation on institutions or establishing new ways of delivering education.

The work varies greatly: the education sector deals with primary and secondary schools as well as higher education institutions; it involves state, private, charitable and statutary bodies. You may work on a case concerning a pupil challenging their exclusion from school, a college facing a complex freedom of information request or a university seeking to comply with immigration requirements for overseas students.

As pupils and students are thinking more like consumers, authorities are running up against increased challenges and complaints. As a result, a lot of work involves preventing and responding to these complaints.

There is ample opportunity for client contact and strong relationships are often formed with administrative and managerial staff at education institutions. Given that education is compulsory for all children and it forms an important element of the government, change and development in the sector is constant.

Teams of education lawyers tend to be quite small, but they will often draw on the expertise of other specialist lawyers. Working hours are fairly regular subject to workload.

Is education law recession-proof?

Many clients in the education sector are recipients of public funds and are therefore not subject to the same volatile market forces experienced by those operating in the private sector. However, in tough economic times institutions within the education sector often bear the brunt of cuts in public spending. Education lawyers need to be able to adapt to a cold economic climate and explore more creative and innovative ways of providing legal services to clients in a cost-efficient manner.

What's it like doing a trainee solicitor's job in education law?

Education law is a legal area that is constantly evolving; it gives the opportunity for intellectually stimulating and enjoyable training. As a trainee you will act as a support for the whole team and get involved in all types of work including contentious and noncontentious matters.

On the contentious side, trainees can often experience an active role in the management of a case. Typical trainee work includes: researching new issues in law; drafting pleadings and preparing bundles for use in litigation; attending court hearings or internal disciplinary hearings at higher education institutions; and taking notes at client meetings.

Types of law practised

• Freedom of information and data protection.
• Public and administrative.
• Contract and tort.
• Discrimination.
• Education.
• Company.
• Charity.

What skills does an education law solicitor need to do the job?

• Good understanding of public law principles
• A working knowledge of the education sector
• Flexibility and adaptability.
• Excellent interpersonal skills.
• Strong communication skills.

About the author

GARY ATTLE is a partner and head of the university business group at MILLS & REEVE. He graduated from the University of Oxford with a degree in jurisprudence.