Judicial reviews

Parents may need to take action in the courts on behalf of their child against the local education authority (LEA).

For example, they may need to make sure that the child receives the provision specified in a statement of special educational needs or they may need to take action because the school or other body misinterpreted the law in dealing with an admission or exclusion.

Negotiation by parents with LEAs in these circumstances is frequently unsuccessful and the only way forward may be to bring an action for judicial review in the courts. If the court decides that the LEA has acted improperly, it will order the LEA to reconsider its decision.

In these situations, it is essential to act speedily (as time limits are short) and expert legal help is essential. We are specialists in judicial review and are able to lodge cases quickly when appropriate, sometimes within one or two weeks of receiving instructions.

Frequently, the prompt issue of court proceedings will persuade the LEA to put the correct provision in place, without the necessity of a hearing before a judge. In most cases, other than admissions, Legal Aid is available for the child.

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