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Maxwell Gillott Solicitors
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 these circumstances 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 most cases (other than admissions) Legal Aid is available for the child, and in many 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.

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.