What decisions can be challenged with a Judicial Review?
  • content of health provision in an Education Health and Care Plan 
  • content of social care provision in an Education Health and Care Plan
  • refusal to provide a Personal Budget
  • refusal to make Direct Payments
  • school Transport
  • failure to comply with an Education Health and Care Plan
  • unlawful exclusions
  • school / local authority policies
How long does a judicial review take?

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. 

What is the procedure for a judicial review?

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. 

How do you appeal a school place?

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.

What are the grounds for appeal?

There are two grounds:

  • if the school didn’t apply their admissions criteria
  • if the school didn’t apply the criteria correctly. 

How long does a school admissions appeal hearing last?

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. 

Can an appeal be rejected?

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.

What are the types of exclusions?

There are three types of exclusion:

  • fixed term exclusion - for a certain number of days up to a maximum of 45 days in any one academic year.
  • permanent exclusion - when a child is no longer allowed to attend the school and their name is removed from the school roll. This can only happen if there has been a very serious disciplinary offence and the welfare of other pupils would suffer if the child remained in school.
  • lunchtime exclusion – when parents or careers have to take responsibility for their child during lunchtimes and return them to school for afternoon lessons. This is used when the child’s playground behaviour is considered unacceptable. 

Can a fixed-term exclusion be made permanent?

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.

Can my child be excluded for something that happened outside school?

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.

We understand your situation and our expert team are here to help

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Tees coronavirus update

We’re open and here to help you. We’re running as normal with our employees all working from home.

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You can call us as normal on 0800 013 1165 or email us: hello@teeslaw.com.

You can also find contact details for all our advisers here. 

As a flexible and technologically-adept firm, we already had many home-working systems in place. We have now rolled this technology out to all our employees working for clients, so they can continue to work normally - and from home.

If you are a client, please be assured you can get in touch with Tees and we are still working on your case. To replace face-to-face meetings, we have the facilities to do video-conferencing, conference calls or just speak on the phone, as you need.

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