Law in British educational research: a chronological review and critique

Journal article

Law determines much of education, from early years through to higher education, both public and private, yet as a discipline it has rarely been expressly identified in British education research. This paper explores this paradox, through a mixed review: a chronological review of educational research journals published in Great Britain over thirty years (1995-2024), and a critique. 488 articles were identified, across 30 journals. The analysis shows: a slowly growing rise over this period; a special interest in Scottish Educational Review throughout; focused research in articles on policy (especially comparative and international studies), management and leadership, human rights, religions and non-religions, and special educational needs; a recent trend is on technology. The analysis then more critically considers how attention to legal issues can be better addressed through: better referencing and citation; more clarification of the differences between law and policy; attention to differences between home nations; the place of supranational human rights obligations and courts. It concludes by outlining the significance of a more explicit focus on law in research, notably for clearer, more durable impact.

Authors: Fancourt, N

• Publication status: Accepted
• Peer review status: Peer reviewed
• Publisher: Taylor & Francis
• Journal: Educational Review
• Acceptance date: 2025-09-12
• EISSN: 1465-3397
• ISSN: 0013-1911
• Language: English
• Keywords: education; human rights; law; research