Call for more funding for school autism units

The Herald reports that Scottish local authorities are coming under increasing pressure to provide more specialist places for pupils with autism.

The row has come to a head after a court case involving Ross McLaughlin, a 12-year-old Glasgow pupil with autism. Ross was assessed as requiring a specialist place when he moved from Caledonia Primary School, in Baillieston, Glasgow, to nearby Bannerman High School.

He was then told there was no place for him because the unit, which caters for 12 pupils, was full, and that he would have to be supported in a mainstream classroom on a temporary basis.

His parents sought help from Govan Law Centre's Education Law Unit. Glasgow City Council initially contested the action, but, a few days before the court hearing, Ross was offered a place in the unit at Bannerman High.

GLC's Iain Nisbet, said the law was clear that education authorities had a duty to make adequate provision for children with additional support needs - and that costs could not be an easy excuse for failing to do so.

"It is a continuing source of frustration that education authorities have not made the necessary arrangements to accommodate the needs of all of their autistic pupils, leading to an annual lucky dip for parents seeking places," he said.

Headteachers in jobs dispute are praised by inspectors

The Herald, 28 August 2009, reports that Acting headteachers from two primaries in Scotland's largest local authority who were replaced under controversial circumstances have been praised by school inspectors.

The development follows accusations in June that Glasgow City Council had appointed new heads to the schools without consulting parents.

Mike Dailly, principal solicitor with the Glasgow-based Govan Law Centre, which is taking the case, said: "These reports show why parents have been so loyal to the acting headteachers and are a clear demonstration of why the council should have consulted with the parents."

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Contributory negligence no defence in disrepair claims

Sheriff MacKenzie has held that a landlord's defence of contributory negligence is irrelevant in a breach of contract claim by a tenant for damages for dampness and disrepair.

In the unreported GLC case of Deans v. Glasgow Housing Association (Glasgow Sheriff Court, 19 August 2009)the court repelled the defender's contributory negligence defence following a diet of debate on 18 May and 3 July. A contributory negligence defence generally apportions some of the blame on the pursuer, and if successful results in any award of compensation being substantially reduced.

In the present case the defenders' claimed inter alia 'The pursuer ought to have followed the defenders' advice by removing the Calor gas heaters and tape from the vents in the bedroom, and by venting the tumble dryer'.

Sheriff MacKenzie held 'I am in respectful agreement with the analysis of the structure of the Law Reform (Contributory Negligence) Act 1945 set out by Lord Glennie in Stewart and Stewart v. Pure Ltd [2008] CSOH 49 and the consequent rationale of his decision in that case. As Lord Glennie observed, in Reeves v. Commissioners of Police of the Metropolis [2000] 1 A.C. 360 Lord Hope of Craighead identified that there are two limbs to consider in relation to the interpretation of the 'Act'. Considering the second 'limb', referable to the pursuer's conduct, a defence of contributory negligence would not have been open under contract at common law. Applying such a approach to the present case I am satisfied that the defender's pleadings and plea in law regarding contributory negligence should not be remitted to probation'.

Separately, the court deleted the defenders' pleadings which sought to blame the tenant for the cause of the dampness and disrepair. The defenders had averred 'It was the duty of the pursuer to see to it that the subjects were adequately heated and ventilated. Further it was her duty to take and act upon the advice from the defenders as her landlord'. These averments were deleted as the court decided to follow the approach of Lord Johnson in Guy v. Strathkelvin District Council 1997 Hous LR 14.

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Appeals to the Sheriff Principal masterclass

GLC is delighted to announce it will be hosting a masterclass on how to present and conduct appeals before the Sheriff Principal at the Royal Faculty of Procurators Library, Glasgow on Thursday 22 October 2009, 10am to 12.30pm.

The event will include presentations from Sheriff Principal Taylor, the Sheriff Principal for the Sheriffdom of Glasgow & Strathkelvin, and Simon Collins, Advocate, Murray Stable.

This event will be of interest to all civil court practitioners. The cost of this event is £85. To book please contact GLC by e-mail (m@govanlc.com) or tel. 0141 440 2503, fax 0141 445 3934.

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Breaking news: Glasgow education chief resigns

GLC understands that Margaret Doran, Executive Director of Children and Families at Glasgow City Council (GCC) is terminating her employment with GCC and stepping down from her top post from 28 August 2009. Ms Doran presided over Glasgow's controversial and unpopular programme of school and nursery closures, and most recently has been accused of 'parachuting in' new headteachers to schools without consultating parents.

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GHA vice-chairman claims he was forced to quit

The vice-chairman of Scotland's biggest social landlord claims he was forced to quit because he was "hostile to politicians".

Fred Shedden says he had to stand down as vice-chairman of Glasgow Housing Association because Karen Watt, the Scottish Housing Regulator, had made it clear his continued presence on the GHA board would not be acceptable.

Mike Dailly, of Govan Law Centre, who has regular dealings with the GHA on housing issues, said the problem with the GHA was a "fundamental lack of leadership".

"The reason that the GHA has failed is because it has lacked a heart and a soul, which in any community-based housing association comes from the ordinary people on its management committee."

He said Mr Shedden was "part of the problem because he comes from a different world and a different ethos".

Full story in The Herald.

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GHA boss & vice chair quits

THE under-fire boss of Glasgow Housing Association Ltd (GHA) has quit, in a move opponents of the troubled organisation say represents "a clean slate" for the social housing provider.

Taroub Zahran, the £180,000-plus chief executive of GHA, will leave the organisation in September - a decision commentators of Scotland's housing sector believe had been inevitable for some time.

Long-serving vice chairman Fred Shedden, a former corporate lawyer perceived by many as the power behind the throne, is also to stand down. Full story in Glasgow's Evening Times.

GLC believes the departure of Ms Zahran and Mr Shedden is a move in the right direction for the soulless, uber corporate 'community controlled housing association'. For too long the GHA has failed to deliver for Glasgow's most vulnerable tenants and homeowner customers.

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