Judicial Review can seem a daunting process. We’ve created some Judicial Review FAQs to help you understand what it’s all about.
What is a Judicial Review?
A judicial review challenges the lawfulness of a decision by a public body, such as a government, a regulator, local authority, or certain other bodies when a public function is being carried out. A judicial review is not about whether a court agrees with the decision taken itself, but whether it was made in a lawful, fair and reasonable manner. When you launch JR proceedings in relation to an unfulfilled EHCP, the public body in question is the local authority.
What is a judicial review in SEND?
In relation to SEND, a judicial review can be considered when it is the only way forward to resolve a complaint about a child’s provision.
For example:
- If you’ve agreed an EHCP with the local authority but it hasn’t been issued and your child is missing education as a result.
- If the provision in your child’s EHCP isn’t being carried out and they’re missing education as a result
- Cuts to services that may have been made unlawfully or unfairly
- Home to school transport decisions that mean your child or young person can’t get to their school, college or training placement
- If your child is refused a place at a school that is named in their EHCP (this is not the same as being excluded)
If you win your judicial review claim, the judge can order the public body concerned to make a new decision that is lawful, fair and made reasonably. It can also order a particular action to be carried out.
Get in touch to see how we can help, or if you’re interested in finding out more about our fixed-price pre-action protocol letters. Often, this is all that’s needed to move the situation along.
Read our judicial review main page for more information.
Please note, we are not legal aid solicitors so cannot take on legal aid cases.