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20 Liverpool L. Rev. 3 (1998)

handle is hein.journals/lvplr20 and id is 1 raw text is: The Liverpool Law Review Vol. XX(1) [19981 FOREWORD Cherie Booth Q.C. The publication of the Education Law issue of the Liverpool Law Review is both timely and welcome. It is timely, because in the twenty years that I have been practising law, Education Law has developed from nothing into a major part of the daily work of all public lawyers and, since the decision in E (a minor) v. Dorset County Council,' of those who practise in the field of negligence as well. This has been the result of the convergence of a number of factors. First, following the changes in procedure which resulted in the replacement of the old prerogative writs of certiorari, mandamus and prohibition with the procedure for applying for judicial review under Order 53 of the Rules of the Supreme Court, there has been a massive expansion in the work of the Crown Office. Secondly, there is the extension of Legal Aid in this area caused by the simple fact that as the applicant is the child the financial eligibility for legal aid is based on her resources which are usually nil. Thirdly, we have the change in society whereby the citizen is no longer willing blindly to accept the decision of a public body but is prepared to challenge the decision taker. This shift in the social welfare field, reflecting as it does the more individually orientated and rights based society that has evolved in the latter part of the twentieth century, has in turn impacted upon the courts. This collection of essays addresses the main areas in which Education Law has thrived. The source of most public law challenges has been the Education Acts. It is surely a comment on what was happening in society that following the passing of the Education Act 1944 there were few changes in the basic structure of state education for over thirty years. Even the major educational change, the emergence of comprehensive education in the 1960s and 1970s, was not reflected in any major statutory change. Then, in the 1980s, starting with the revolution in special education needs arising from the Education Act 1981, through to the Education Reform Act 1988 which introduced, amongst other things, local management of schools and grant- 1 [19951 2A.C. 633.

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