Educational Judicial Review

Our education team are specialists in judicial review cases which relate to education law. No one should feel powerless when a public body (such as a local authority, maintained schools, a university, the office of the independent adjudicator for higher education (OIA), Ofsted or an NHS trust) acts unlawfully.

Judicial review proceedings can be brought against a public body when it makes a decision, takes an action or fails to take an action which can be considered unlawful. A case must be lodged at the High Court within 3 months.

With our cases, it is rare that we must go as far as lodging proceedings – in many cases through successful pre-action correspondence and negotiation we can resolve matters to our clients’ satisfaction.

Services we provide:

  • Advising on whether a public body has acted unlawfully
  • Advising and conducting pre-action judicial review correspondence with a public body
  • Advising on whether to lodge judicial review proceedings.

Below is a non-exhaustive list of types of case, which may result in judicial review proceedings. This includes failure by a local authority to:

  • Comply with statutory time limits for completing an education health and care (‘EHC’) assessment
  • Issue a final EHC plan within statutory time limits after conducting an EHC assessment, or failure to implement outlined provision in that plan.
  • Make a decision to amend or not to amend an EHC plan following an annual review
  • Meet statutory time limits for amending an EHC plan where a child or young person is in a year of transfer to their next education setting
  • Provide transport for students with EHC plans, or unlawfully removing transport arranged by a local authority
  • Provide an education for students out of school
  • Unlawful school or local authority policies
  • Unlawful decisions or actions by a University or the OIA
  • Unlawful policies by a University or the OIA

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