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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What clients say

"Geldards’ education team is professional, and it is clear they not only know the law, but also genuinely care about achieving justice for children with special educational needs and disabilities"

Legal 500 2024

"The entire team has incredible expertise and a wide range of knowledge and skills. Clients are very impressed with their service since they are responsive, attentive and act quickly"

Chambers & Partners 2024

"Geldards is very effective working with families with vulnerable children, taking a take a careful and efficient approach to billing."

Education, UK, Chambers & Partners 2023

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