Do I need legal representation for a judicial review?

[Shamelass]

Our LA are taking an excessive amount of time to complete an EHCNA as there are waiting lists for one of the services we asked them to consult. From reading online, it seems I may have to pursue judicial review.

I note there are online services to produce a pre action letter but if it gets to a hearing, will I need legal representation?

Has anyone been through a judicial review and what was the outcome?

TIA

If you haven’t already, email the LA’s Director of Children’s Services threatening judicial review. This sometimes works and if it does it saves you time and, unless you yourself are eligible for legal aid for pre-action letter, money.

If the email fails a pre-action letter mostly does, very few get to a hearing. For the pre-action letter you need someone who knows what they are doing - SOSSEN are reasonably priced.

You can, in theory, represent yourself. It isn’t advisable though. The proceedings themselves are in the child’s name so they can be eligible for legal aid in their own right.

@FloatingBean TIA. It is SOSSEN I would be requesting to do the pre action letter. I have emailed the LA threatening review and I’m waiting for them to respond.

From a legal perspective, I am finding it difficult to find a law firm specialising in education as the ones I have approached have too many cases to take on more. I am relying on the LA taking action based on the possibility of review. Your advice is very helpful.

Unfortunately you just have to keep trying with legal aid, the system is overwhelmed. If you haven’t already you could try: Simpson Millar, Sinclairs, Coram, Irwin Mitchell, Watkins and Gunn, Bailey Wright & Co, Just For Kids, SEN Support solicitors, Harrow Law Centre, Lawstop.

@FloatingBean I have just seen your update. TYSM for the list, I’ve made a note and will start contacting firms.

I have also drafted a letter to send to the children’s services director as per your pp but I am confused about which part of the time scales are statutory. Would you mind helping me with some more advice please?

From what I understand, the assessment and evidence gathering is meant to take six weeks, but is this a statutory time? Does it have to be done in 6 weeks or can it take longer?

We are now at week 8 of the assessment stage (from the assessment start date) because the LA are still waiting for service advice due to lack of availability. I’m worried that this will mean I will have to wait longer if I have to appeal any part of the plan. I’m planning to refer to judicial review but I need to know if the six week assessment is a statutory deadline . I think it is?

You can see the timescales here.

The LA must inform you whether they are going to assess or not within 6 weeks. If they do assess, anyone approached for information and advice must respond within 6 weeks. If the LA are not going to issue they must inform you by week 16. If the LA are going to issue they must finalise by week 20, and in order to do this they should send the draft by week 14.

Waiting lists and lack of staff are not lawful excuses. If the LA can’t assess in house within the statutory timescales they should commission independent assessment(s).

@FloatingBean TYSM. This was really helpful.