Challenging education decisions made by schools and local authorities
What does a Judicial review cover?
Judicial review can apply to a range of education matters, including:
- failure to comply with statutory timescales for assessing a child for an Education, Health and Care Plan (EHCP)
- failure to issue an EHCP within statutory timescales
- failure to secure the special educational provision in a child’s EHCP
- failure to provide suitable full-time education under Section 19 of the Education Act 1996
- challenging a home-to-school transport decision
Time limits for Judicial reviews are strict. Claims must be brought promptly, usually within 3 months of the decision being challenged.
What is the Pre-Action Protocol?
Before starting court proceedings, the Pre-Action Protocol requires sending a formal letter to the decision-maker. This letter should clearly set out:
- the decision being challenged
- the legal grounds for the challenge
- the remedy you are seeking
- a proposed timeline for response
This stage often encourages early resolution, and many disputes are resolved at this point without the need for Judicial Review.
How can a judicial review help?
Possible outcomes of a judicial review include:
- quashing order: overturns a decision and requires it to be reconsidered properly
- prohibiting order: prevents the public body from acting unlawfully
- mandatory order: requires the public body to take a specific action
- injunction: orders the public body to act or refrain from acting
- declaration: confirms a decision or act is unlawful, including under the Human Rights Act 1998
Why choose Tees for your Education and SEND matters?
Education disputes can be stressful and time sensitive, particularly where decisions affect a child’s schooling, support or future education.
Our education and SEND team advises families on judicial review claims and challenges against unlawful decisions made by schools, local authorities and other public bodies.
We can help you:
- understand whether Judicial Review is appropriate for your situation
- draft a clear and persuasive pre-action letter
- meet strict deadlines, usually 3 months from the decision
- maximise your chances of a successful outcome
Judicial Review claims are subject to strict procedural rules and short time limits. Early legal advice can help clarify whether a decision may be challenged, what evidence is needed and what steps should be taken next. We provide clear, practical advice tailored to your circumstances.
If your child’s education has been affected by a decision you believe is unlawful, we can help you understand your options and take the next steps.
Contact our specialist education lawyers today for clear, practical advice.
A hard working and committed team with deep expertise in education law litigation, including disability rights law.
Our specialist expertise in education law
- Education, Health and Care Needs Assessments
- EHCP Appeals
- Annual Reviews
- Judicial Review and Pre-Action Protocol Education Disputes
- Complaints - including to the Local Government and Social Care Ombudsman
- Exclusions and Suspensions
- Admissions Appeals
- Disability Discrimination Claims
- Mediation
Our education law services
- Special Educational Needs (SEN) and disability issues relating to education
- Obtaining or challenging provision under an Education Health and Care Plan (EHCP), including tribunal appeals
- Supporting you at independent review panel hearings
- Supporting you to take a decision to judicial review
- Admissions appeals
- Challenging exclusions
- Safeguarding concerns
- Discrimination in educational settings
- Breaches of contract by independent schools
- Disputes regarding student loans
- Represent you in prosecutions brought by Local Authorities for offences under the Education Act 1996.
Key people
Frequently asked questions
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Some of our clients
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