At Tees our highly experiences education solicitors can advise on all aspects of public and administrative law, including judicial review
It is immensely frustrating when public bodies make decisions that damage your child’s education and that didn’t follow protocols correctly. Applying for a judicial review is a way of seeking to remedy this – but it’s complex and it’s essential that you seek legal advice before embarking on this course of action, not least as you might become liable for costs should you not be successful.
We can help with:
A judicial review is a process to challenge decisions made by a public body, such as a local authority, a school, a government department or a health authority.
A judge will look in detail at the decision made by the public body and consider whether the law has been followed correctly or not. It considers decisions and actions (or lack of actions). It is important to note that the court will not consider whether it agrees with the decision that was made. The success or otherwise of the review will turn on a detailed analysis of whether the decision was made lawfully and as such you will need support from a legal expert with a detailed knowledge of the relevant laws.
Judicial reviews only cover public bodies such as local authorities and state-maintained schools; therefore it does not apply to private schools or non-maintained schools.
You’ll find our team of education lawyers friendly and easy to talk to and we understand the ins-and-outs of education law.
Our education law team is based in:
But we can help you wherever you are in England and Wales.
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.