Judicial review case studies

Local education authority policy – group action

A local education authority (LEA) followed a policy of failing to specify provision in any statements of special educational needs, leaving everything to be decided by individual schools in individual education plans.

Although individual parents were able to challenge this policy – which is illegal – by appealing to tribunal, this lengthy procedure was difficult for many parents to undertake and benefitted children on a case by case basis only.

After we brought an action for judicial review on behalf of eight selected children in its area, the LEA accepted our arguments the day before the court hearing, changing its statementing policy in the process.

Elizabeth

Elizabeth wanted to attend 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 admission criteria and was refused a place on appeal.

Had her mother had known the exact requirements when applying to the school, she could have ensured that the original application form contained the necessary information so that the panel could reach a properly informed decision.

However, within one week of our application for judicial review, the school accepted that it had made a mistake, and allowed Elizabeth into the school.

To find out more about our education services, please contact us.