Education Claims & Challenges
Has your child been unjustly expelled or suspended from school? Do you require legal advice for special needs? Has your child been refused admission to their first-choice secondary school? If so, you could be entitled to compensation.
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At P.A. Duffy and Co Solicitors we are committed to upholding the rights of children and ensuring their human rights are not abused by schools or educational authorities. Our solicitors have vast experience in bringing judicial review proceedings against schools and education authorities in relation to human rights infringements.
We deliver high quality, full-service legal advice and these are issues we can help you with:
Admissions
Stress and Bullying
Transfer to Post-Primary education
Child Protection
Educational Appeal Tribunals
Special Educational Needs
Suspensions and Expulsions
Implementation and Drafting of Policies
Responsibilities of Boards of Governors
Legislative Reform
Department of Education Northern Ireland matters
Children With Disabilities
An area of particular concern is the rights of children and young adults with disabilities. Children with disabilities or learning difficulties may not be receiving the educational support they are entitled to. We provide parents with advice and representation on a number of issues, including appeals against education authorities assessment of a child’s special educational needs.
A school’s failure to provide adequate support for a range of disabilities can constitute discrimination under Article 14 of the Human Rights Act 1998. At P.A. Duffy & Co we provide expert legal advice to parents who feel their children are being discriminated against.
Admission/Exclusion Appeals
We understand how distressing it can be for children and parents when a child does not get admitted to their preferred school. Most schools adhere to their own admissions criteria; however, this can sometimes be inappropriately or unfairly applied. If you feel your child should have been admitted based on the criteria our specialist solicitors can bring an appeal on your behalf against the Board of Governors decision.
Judicial Review
Our Human Rights Solicitors are well renowned for their ability to challenge the decisions of schools, education authorities and other governing bodies if we believe their decision is illegal, irrational or improper given the circumstances. This helps to ensure that public authorities do not abuse their position as decision makers.
FAQs
How do I make an education-based claim?
Education law can be very complex and overwhelming. That is why at P.A. Duffy & Co. we will eliminate all the legal jargon for you and communicate with you in a simplistic manner to make the process easier and ensure that you know what is happening every step of the way.
Our education law team is driven by a desire to protect vulnerable children and parents facing difficulties within the educational system. If you ask us to represent you, we will start by taking details of the event and assess what has happened and who is responsible. We will put together evidence in support of your claim and contact the relevant educational authority to advise them of the claim.
If the other side admits liability, we will negotiate with them to agree on the amount of compensation to be paid to you. Where they deny liability or the amount of compensation offered is not sufficient, your case will go to court. We will ensure that you have our support throughout and that you are represented by an expert education law advocate.
What will I receive compensation for in an education-based claim?
Compensation can be awarded for a range of issues, including:
Educational disruption
Emotional distress
Physical injury
Discrimination and harassment
Legal costs
How can I finance an education-based compensation claim?
We know that funding a claim might be a worry, so we offer a range of options. These include:
Legal Aid
Legal Expenses Cover
After the Event Insurance (ATE insurance)
Private funding.
What is the time limit for bringing an education-based compensation claim?
The time limit for bringing an education-based compensation claim can vary depending on the nature of the claim and the specific circumstances. Generally, there is no single fixed time limit for all education-related claims, as there are different legal avenues and types of claims that may have different timeframes. However, there are some general principles to consider: Personal Injury Claims: If your education-related claim involves personal injury or harm, you typically have three years from the date of the injury or the date when you became aware of the injury to bring a claim. Discrimination Claims: Claims related to discrimination, harassment, or other violations of equality and human rights law may have different time limits. For example, claims under the Equality Act 2010 generally need to be brought within six months from the date of the discriminatory act or decision. Academic Appeals: If your claim is related to academic appeals or disputes regarding grades, course content, or university policies, the time limit for bringing such claims can vary widely depending on the institution's policies and internal procedures. Judicial Review: The time limits for judicial review can be quite short, often as little as three months from the date of the decision or action. However, in exceptional cases this time limit can be extended. |
Get in Touch
Speak to us with No Obligation
Our team of expert solicitors will be happy to assist you with your enquiry without any obligation to use our services. Contact us using your preferred method and we will gratefully assist.
Contact Details
Call Us From Northern Ireland
028 8772 2102Mon-Fri 9am-5pm
Call Us From Republic Of Ireland
01 533 7860Mon-Fri 9am-5pm
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Our Human Rights Solicitors
Conal McGarrityDirectorMore About Conal
Enda McGarrityDirectorMore About Enda
Naomi WhiteSolicitorMore About Naomi
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