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Timescales for Judicial Review

(9 Posts)
asdx2 Mon 30-May-11 21:31:48

Solicitor sent a pre action protocol to LEA with a deadline for 5pm Tuesday. LEA wanted a week longer so solicitor agreed 10am Friday.

So supposing 10 am Friday there is still no amended statement despite being 15 weeks past the deadline what happens then?

All information gratefully received.

mranchovy Tue 31-May-11 18:08:51

Then you can issue court proceedings. The pre-action protocol letter is basically a last chance for them to sort it out and avoid court.

More likely though is that they will ask for a further extension: your solicitor will be able to discuss with you the implications of this.

asdx2 Tue 31-May-11 18:31:49

Thank you, not sure I'm happy about more extensions tbh because from their last request for an extension it appears that the PAP letter merely prompted them to begin the process that should have been completed 15 weeks ago.
I feel that the last 15 weeks of phone calls emails and nagging have achieved nothing really and it's only the threat of court action that has prompted any worthwhile response and meanwhile ds continues to suffer.

mranchovy Tue 31-May-11 19:33:06

it appears that the PAP letter merely prompted them to begin the process that should have been completed 15 weeks ago.

You're probably right, but that's even more reason to seriously consider a resonable extension (if recommended by your solicitor) - if they issue the amended Statement a week after you have issued the summons then it will have been a waste of your time and money.

I don't want to sound pessimistic, but you may want to keep your powder dry for when the Statement arrives.

Spero Tue 31-May-11 19:37:09

Judicial review timetables are really strict - you only have three months from the date of the act or ommission complained about to make your application and you can't agree an extension of time with the other side. Even if you are within the three month limit the court can still refuse your application at the permission hearing if it decides you didn't act promptly enough.

You say you are 15 weeks since the event about which you are complaining? I would be really worried you are out of time. Debating about the timing of the preaction protocol letters and replies isn't the same thing as making the application.

asdx2 Tue 31-May-11 19:55:04

I should have received an amended statement by 15th February. I have been pushing for them to issue one since then. The LEA have timewasted and procrastinated, taking two weeks to write a letter to the school that I want and only agreeing to request that the school assess ds on May 5th.

I was informed in writing that once this assessment was done it would go to panel and an amended statement issued. So it went to panel on 16th May and when I enquired on the 19th what the decision was, the LEA then informed me they haven't made a decision.

It was at this point I contacted a solicitor who sent the PAP letter. I felt that I was being reasonable in waiting until the final panel meeting as I was assured by a senior officer in April that I would get the amended statement then.

Had I suspected for a minute that they wouldn't make a decision even after the assessment (that I had to fight with them to agree to and organise) then I would have taken action earlier.

It seems somewhat unfair that I should then be penalised for taking the written assurances of a senior officer as an indication of intent to fulfill their legal obligation.

I am not sure that it would have been looked at favourably if I had pushed for Judicial Review when I had their assurances that a statement would be issued after the assessment.

Spero Tue 31-May-11 20:46:28

You should be fine on that timetable as you are complaining about their failure to issue a statement on 16th May? So you have until July. Sorry, I wasn't clear to what the 15 weeks referred to.

asdx2 Tue 31-May-11 21:32:27

That's a relief then, I was beginning to worry they had properly stitched me up.

asdx2 Fri 03-Jun-11 11:03:28

Well the deadline has passed without any communication from the LEA (not surprised at this either unfortunately) so what happens now?

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