JUDICIAL REVIEW - Case studies

1. One LEA followed a deliberate and fixed policy of failing to specify provision in any Statements, leaving everything to be decided by the school in Individual Education Plans. This is unlawful, but although parents were able to challenge the practice in appeals to the Special Educational Needs Tribunal, it was a lengthy procedure and difficult for many parents to undertake. We brought an action for judicial review on behalf of eight selected children in the area. The LEA accepted our arguments the day before the Court hearing, changing its statementing policy in the process.

2. Elizabeth wanted to go to the same church school as her older sister. However, the school changed the admission requirements without giving proper notice to parents, as required by statute. As a result, Elizabeth no longer came easily within the criteria and she was refused a place on appeal. If her mother had known exactly what the requirements were at the time of applying to the school, she could have ensured that the original application form contained the necessary information so that the Panel could reach a proper decision. Within one week of our application for judicial review, the school accepted that it had made a mistake, and allowed Elizabeth into the school.