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, government ministries, maintained schools, a university, the office of the independent adjudicator for higher education (OIA), Ofsted or an NHS trust) acts unlawfully. There are many ways of addressing unlawful behaviour but sometimes the only recourse left is judicial review.
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.
Our education team is highly experience in judicial review 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.
Below is a non-exhaustive list of types of case, which may result in judicial review proceedings:
- Failure by a local authority to comply with its statutory time limits for completing an education health and care assessment
- Failure to issue a final education health and care (EHC) plan by a local authority within its statutory time limits after conducting an education health and care assessment.
- Failure by a local authority to implement provision outline in an EHC plans
- Failure by a local authority to make a decision to amend or not to amend an EHC plan following an annual review
- Failure to 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
- Failure by a local authority to provide transport for students with EHC plans
- Unlawfully removing transport arranged and funded by a local authority for students with EHC plans
- Failure to 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
Geldards offers a free telephone consultation to all potential clients, which means you will have the opportunity to discuss your case with an expert lawyer before deciding on what action to take. We will always provide honest and impartial advice regarding the strength of your case and whether you should pursue it. Contact us now and arrange a free telephone consultation with one of our expert lawyers who will discuss your case with you, in plain English without any legal jargon. Our lawyers will consider your case and help you understand the best steps forward in resolving your issues and at holding your public body to account.
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