The judicial review is a legal process that challenges whether a decision made by a public body is fair, lawful and in a reasonable manner.
Within SEND, there are a number of reasons why you may wish to consider the option of a judicial review proceedings. These include if the provision in your child’s EHCP is not being carried out, if the LA has agreed a plan but failed to issue it, home to school transport decisions, among others.
How we can help your Judicial Review
You should usually complain first to the school or local authority, depending on the case. If there is no other way forward to resolve the issue, parents may then consider mounting a judicial review. This can seem a daunting prospect and you usually need a solicitor or legally-qualified professional.
We can help by writing what is known as a pre-action protocol letter, telling the local authority that you intend to ask for a judicial review. Often, this is all that is needed to spur some action. However, you must consider the entire process before you go ahead. Get in touch to find out more.
You can also in some circumstances, complain to the Local Government and Social Care Ombudsman (LGSCO). You can read more about this on our education complaints page here
You can also read our FAQs about Judicial Review here