JUDICIAL REVIEW
Sometimes parents need to bring legal action on behalf of
their child against the local education authority (LEA)
itself, for example to make sure that he or she gets the
provision actually specified in their Statement; or perhaps
because the school or other body has got the law wrong when
dealing with admissions and exclusions. Negotiation by parents
with LEAs in many cases is frequently unsuccessful and is
often met with delay and excuses. In these circumstances
there is may be little option but to bring an action for
judicial review in the Courts. If the Court takes the view
that the LEA has acted improperly, it will order the LEA
to reconsider its decision
In many cases (other than admissions) Legal Aid is available
for the child, and in most instances the LEA will put the
right provision in place shortly after proceedings are lodged
at Court – that is, without the necessity of an actual
court hearing. We are specialists in the field of judicial
review, and able to lodge cases quickly when appropriate,
sometimes within one or two weeks of instructions from you.
This is vital in this area, where the Courts require action
to be taken promptly before they will consider the case.