Judicial Review

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working for your child,
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Judicial Review is a process by which public authorities can be held to scrutiny by the HIgh Court. It involves asking a judge to either stop a local authority taking a particular step, or to require a local authority to take a particular step.

It is important to seek the right legal advice as there is the possibility that if unsuccessful, you could be ordered to pay costs.

Our specialist education solicitors advise families across England and Wales on judicial review matters, helping parents understand whether a decision or failure to act may be unlawful and what steps can be taken to challenge it.

When might judicial review be appropriate?

Judicial review can be relevant where a public body has failed to comply with its legal duties, made a decision outside its powers or failed to follow a fair and lawful process.

In education, this can include matters such as:

- Failure to provide special educational provision specified in an EHCP in England
- Failure to secure additional learning provision specified in an IDP in Wales
- Failure to provide suitable education where a child is out of school
- Failure to comply with statutory duties or timescales
- Decisions concerning school transport
- Failure to properly consider relevant evidence or circumstances
- Decisions made using an unlawful policy or procedure
- Failure to secure education if a child is out of school

Judicial review is concerned with the lawfulness of the decision or action, rather than simply whether the decision was the right one.

In some cases, there may be another appeal or tribunal route available. It is therefore important to establish whether judicial review is the appropriate way forward.

What can judicial review challenge?

The court may consider whether a public body:

Acted outside its legal powers
Failed to comply with a legal duty
Took account of irrelevant matters or failed to consider relevant matters
Followed an unfair or unlawful procedure
Made a decision that was irrational or unreasonable in the legal sense
Failed to comply with a legitimate expectation in appropriate circumstances
Acted in a way that was incompatible with relevant legal rights

The court does not simply substitute its own view for that of the public body. The focus is on whether the decision making process and the decision itself were lawful.

Judicial review and EHCPs and IDPs

Judicial review can sometimes be appropriate where a local authority is failing to fulfil its legal responsibilities in relation to a child’s education.

In England, this may include a failure to secure the special educational provision specified in an EHCP.

In Wales, a local authority maintaining an IDP has a duty to secure the additional learning provision described in the plan.

There may also be circumstances where a local authority has failed to make a decision, failed to follow the required process or has not acted within the timescales required by law.

However, judicial review is not always the appropriate remedy. For example, certain disputes about the contents of an EHCP in England or an IDP in Wales have specific tribunal appeal routes.

We can help you understand which legal route applies to your circumstances.

What happens during judicial review?

Judicial review generally begins before a claim is issued at court.

Pre action stage
The first step will usually involve sending a formal letter before claim to the public body concerned. This sets out what has happened, why the decision or failure is believed to be unlawful and what action is being requested.

The Pre Action Protocol for Judicial Review applies in England and Wales and normally allows the defendant 14 days to respond. The protocol is intended to give the parties an opportunity to resolve the dispute without court proceedings where possible. This 14 days can only be reduced in cases of real risk to life. It may be appropriate in some education matters, but this is rare.

Court proceedings
If the matter cannot be resolved, a judicial review claim may be issued.

The court will first consider whether permission should be granted for the claim to proceed. If permission is granted, the court will consider the legal arguments and evidence before deciding whether the public body acted unlawfully.

In appropriate urgent cases, it may also be possible to seek an interim order while the case is being considered.
The remedy available will depend on the circumstances and the nature of the unlawful decision or failure.

How long do I have to bring a judicial review?

Judicial review claims must be brought promptly and, in general, no later than three months after the grounds for the claim first arose. The court rules make clear that the three month period is not an automatic entitlement to wait.

Some cases may have shorter time limits, so it is important to obtain legal advice as soon as possible if you believe a public body has acted unlawfully.

The pre action process does not extend the legal time limit for bringing a claim.

How can we help

Judicial review can be a complex area of public law, particularly where a child’s education or support is at stake.

Our specialist education solicitors can:

Review the decision or failure to act
Advise whether judicial review may be appropriate
Consider whether another appeal or legal route is available
Identify potential grounds for judicial review
Prepare and send a letter before claim
Communicate and negotiate with the public body
Advise on issuing court proceedings where necessary
Prepare the legal arguments and evidence
Support you throughout the judicial review process

We understand how important your child’s education is and how difficult it can be when a public body is not doing what the law requires.

If you believe a local authority or other public body has acted unlawfully in relation to your child’s education, we can help you understand your rights, your options and what you can do next.

With the help of Saskia and the team we were able to win our case against the LA a few days ahead of the hearing date. This would not have been possible without their knowledge, expertise and professionalism displayed. We are truly thankful for the provision we now have in place for our son and his future. I would highly recommend to anyone needing a solicitor for SEN educational / EHCP help.

"Rob Price, Saskia, and Mari were exceptional throughout. What stood out immediately was that they genuinely cared and that this wasn't just a case to them...
...Rob's own personal experience lent an authenticity and empathy to his approach that was reassuring during what is an incredibly stressful process...
...At the tribunal, Rob was measured, calm, and authoritative. His significant experience with the tribunal process, its workings and its panel was evident...
...Based on the evidence submitted and heard during the Tribunal, the panel sided with our case and our kid is now attending the right school for them, based on their needs...
...We highly recommend Rob and his team and if you find yourself in the unfortunate position of facing a tribunal process, trust the team, let them do what they do, and you will be in the very best of hands."

Robert and Maria helped with an issue regarding my daughter and her school. Very helpful, informative and responded quickly to queries, excellent service. I cannot thank them enough for all the hard work and effort that went into this case. Highly recommend to any one that needs advice/representation with education issues. They are both a credit to the company.

Rob Price represented my son Luke in his appeal to remain at his specialist autism college, and I cannot recommend him highly enough. From the outset, Rob was professional, approachable and incredibly efficient. He acted extremely promptly throughout the process, always keeping us informed and ensuring everything was completed on time. His knowledge and expertise gave us confidence during what was a very stressful period. Most importantly, Rob genuinely understood how important the right educational placement was for Luke. Thanks to his hard work and dedication, Luke was able to remain at the college where he is thriving. We are so grateful for everything Rob did for our family. If you are looking for a solicitor who is knowledgeable, compassionate and truly committed to achieving the best outcome, I would not hesitate to recommend Rob Price.

HCB Solicitors have been assisting and representing us for the past 6-7 months. It is hard to find words to do them justice (no pun intended) - they have been exceptional. Not only are they highly specialist, knowledgeable, and reliable, but they also truly care. In the same way that a compassionate medical professional makes all the difference, so does having a legal professional who cares. Thirty seconds into speaking with Mark Glen for the first time, I could tell that he knew exactly what position we were in, how it felt to be in it, and how best to deal with it. You cannot ask for better than that. Mark and Grace fought tirelessly for our child's legal rights, and our child will continue to grow up knowing we couldn't have done it without them and the team at HCB.

I have been using the services of HCB for a number of years now for my daughters educational needs and they have been very supportive and professional. Sophie who has been helping us through my daughters final year at college has been instrumental in my daughters development and progress. Whilst on this occasion we did not require the need to go to tribunal again as that was done with Andrew’s support and expertise. We did require support to enable the right outcome from our LA to finalise everything. This was done and the right outcome was granted. Swiftly and professionally. Thank you Sophie

We had Ed Duff lead our ECHP challenge when the local authority tried to suggest ordinary available provision (which we'd tried) was suitable for our then 7yr old neurodiverse son. Ed and the team are excellent, and exceptionally experienced at handling such complex matters on behalf of their clients. Ed ensured he kept us informed at all points, and is great at demystifying this opaque EHCP system. Cannot recommend highly enough.

"The firm was amazing, the way they approached myself with kindness and open arms, was something I truly did not expect...
...We were represented by Stephanie Jones. Stephanie showed excellent time keeping, her attention to detail and pure compassion was astounding...
...And yes we did win and settled before we even got to tribunal, securing an independent SEN placement...
...Stephanie and Alexander went above and beyond and helped prop a mother up who was dealing with the loss of a parent, I hope when I qualify as a solicitor I display the same integrity as this firm."

Rob Price and his team have been absolutely fantastic throughout the process of securing an EHCP placement for our daughter. Rob really listens, is quick to respond and is always incredibly helpful.

I cannot thank Rob Price and his team enough for all of their help and support with progressing Annabelle’s EHCP appeal. Thanks to their hard work and expertise, the outcome was successful and Annabelle now has our preferred secondary school named in Section I of her EHCP. Throughout the entire process, Rob was extremely professional, knowledgeable and efficient. He always acted quickly on anything that needed to be done and was incredibly responsive throughout what can be a very stressful process for families. Whenever we spoke on the phone, it was very clear that he really knew his field inside out. He gave excellent advice, explained things clearly and always made me feel reassured and supported. Having Rob and his team involved made the whole process far less overwhelming than it otherwise would have been. I would absolutely recommend Rob and his team to anyone needing support with SEND or EHCP matters, and I would not hesitate to use them again in the future if needed.

"At the hearing, Ed was exceptional. He handled the Local Authority’s behaviour calmly and professionally, dismantled their evidence with precision, and presented our case in a clear, strategic and highly effective way...
...His advocacy was confident, measured and persuasive, and it directly secured the specialist placement our son needs...
...Grace’s support throughout the process was also excellent. She kept everything organised, communicated clearly, and ensured that all documentation was handled smoothly...
...Their professionalism, expertise and commitment made all the difference. We would not hesitate to recommend them to any parent navigating the SEND system."

I cannot thank Robert Slade and his team Maria and Helen for their fantastic work on behalf of my son's univeristy complaint regarding his health issues at the time of his assessment and what we felt was discriminatory practice by the university. The complaint was upheld! and I firmly believe this would not have happened without the expert evidence provided by this legal team. We are so gratefull that we used this team and cannot give higher recomendations.

I want to say a huge thank you to Andrew Barrowclough and Stephanie Jones. After trying to navigate the EHCP appeals process myself to get the right support for my daughter, I reached out to HCB when the process had become extremely stressful and I knew I needed their expertise. From the moment they became involved, they were professional, knowledgeable and understanding. They took the time to explain everything, guided me through the process and handled everything with such care and confidence. They ultimately secured a place for my daughter at the school that can properly meet her complex needs, and I genuinely cannot thank them enough. If you are a parent navigating the EHCP appeals process and fighting for the right support for your child, I would highly recommend Andrew and his team.

Laura Carr has been my rock whilst I was so low and did not physically or mentally have the energy to fight anymore. I was not only kept up to date with everything that was happening or about to happen, she also knew her job inside and out and was professional and efficient throughout. My son is now at the school that can 100% meet his needs and I would recommend to anyone having difficulties with their SEN Child to contact Education Law Advice.

We never expected to need legal help for our son’s school placement but found ourselves in the position to need to appeal the EHCP plan for our son. Friends recommended HCB solicitors and I’m so glad they did. The outcome was more than successful and we were supported through every step of the process. All work charged was fair and reasonable and everything was explained to us with care and detail. We dealt with many staff members at the firm and each and everyone of you were polite and supportive it was an absolute pleasure to have had you as our solicitors! Thank you to Caitlyn who took our case on as things heated up you were incredible and your advice was exactly what we needed to finish the case. I wouldn’t hesitate to recommend this team if you are looking for help with your children’s EHCP.

Great support provided by Robert Slade and Maria Racz-Makany, helping my daughter through a difficult situation and investigation at University. Thanks to high quality work and support, and a rapid turnaround, clarity was brought to the situation and the correct outcome achieved for my daughter. We are very grateful to HCB for their great work and support.

***** EXCEPTIONAL EDUCATIONAL SOLICITORS ***** I received outstanding service from Robert and his team Helen & Maria at HCB solicitors, Cardiff in helping to hold my 16 year old son's college accountable when they failed to identify his declared disability, costing him a year of his education. They successfully secured an out of court settlement, resulting in the college both paying compensation and issuing an apology for my son's suffering. Robert was mindful of my son's lack of income to fund legal advice and kept costs to a minimum without compromising the strength of his case. Helen and Maria were fantastic in keeping me updated and actioning anything needed when Robert was not available. That was particularly important given the strict time limitations on educational claims. I would not hesitate to recommend them to families and students in a similar situation and I am delighted we chose HCB solicitors to represent us.