An application for a judicial review must be made as soon as possible and in any event within three months of when the decision being complained about was made. It can then take between two to three months for the trial and then a decision to be made.
All judicial review applications must be made in the High Court and have to be within three months of the final decision being made by the public body. You may need a lawyer to submit a formal letter setting out what it is alleged the public body has done which is thought to be unlawful, and what action it is proposed to remedy that. It is allowed for a lay person to write this letter themselves, but we recommend that you seek specialist legal advice. The organisation concerned will then be given 14 days to respond. The next step would be to make an application to the court for permission to proceed with the judicial review.
To appeal a school place you must have a legal right to do so: this means that by law you have rights, responsibility and authority for a child and this will which includes decisions about their education. Children who are over age 16 can also appeal in their own right. If your child has been refused a place, the letter sent to you by the school will include information about how you can appeal the decision.
There are two grounds:
The appeal will be heard by a panel of three or more people, who must be independent from the school. Appeals usually last for around 30 minutes and you will receive a letter with the decision within five school days.
An appeal can be rejected by the appeals panel. The panel’s decision is final and can only be appealed by judicial review. However, your child can be put on the schools waiting list for the school of your choice. Schools will sometimes put on extra classes for oversubscribed years.
There are three types of exclusion:
No, a fixed-term exclusion cannot be made permanent, or be extended. In rare cases, it is possible for a further fixed-term exclusion (or permanent exclusion) to be issued, to begin directly after the end of the first fixed-term exclusion. This usually only happens if further evidence of the incident that led to the exclusion has come to light.
Yes. The decision can be made to exclude if it can be established that there’s a link between the event outside school and maintaining good behaviour levels in the school. This might apply if the child were to be accused of a serious crime such as possession of drugs or assault.
The statutory walking distance is dependent on the child’s age. For children aged between 5 and 8 the statutory walking distance is 2 miles. For children over 8 and up to 16 the statutory walking distance is 3 miles. The distance is measured by the nearest available safe route on foot. If there’s no safe route, children aged 5 to 16 must be given free transport as long as they are attending a suitable school that is nearest to where they live. This is the case regardless of how far away the school is. This can be a very significant point for families with special needs children whose school may be a long way away.