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Here you'll find advice from parents and teachers on special needs education.

pre-action protocol letter Judicial review against LA on EHCP

11 replies

senParent1 · 18/07/2024 15:41

Please can you all recommend me a good solicitor (name and contact details) to do a pre-action protocol letter and subsequently judicial review against LA on a published EHCP?
Details: We had a successful Tribunal appeal but LA failed to follow the Tribunal recommendation on Section H, hence we would like a judicial review to be done. We need a good solicitor who can do the pre-action protocol letter and subsequently judicial review.
I have tried SOS!SEN but they only do till Pre-action protocol letter but not the judicial review. Sinclairs law is quite expensive. Rook Irwin Sweeney, Coram, Simpsons Miller, Walker Thomas, Irwin Mitchel says no capacity.
If you can recommend a name and contact details that I can go through directly would be very helpful.
Thanks and Regards,

OP posts:
BrumToTheRescue · 18/07/2024 19:57

At this point, you don’t need to worry about someone taking the case for a pre-action letter and JR proceedings themselves. You only need a pre-action letter to begin with. So, at this stage, if SOSSEN can take you on a pre-action letter from them would serve its purpose. You could also try Birkett Long, Watkins, Watkins & Gunn, Bailey Wright and Just for Kids. You can find contact details for via google. You do have to persevere. The demand is high.

ThatsGoingToHurt · 20/07/2024 08:21

I’m using Watkins Solicitors for my sons refusal to issue appeal. I found them very reasonable costs wise compared to some of the names you mentioned in you post. It may be worth looking into them to see if they do JRs.

Weightoftheworld8 · 16/12/2024 15:35

Sorry to revive this thread but I'm looking to do one now and wondering if @senParent1 you were successful.

Weightoftheworld8 · 16/12/2024 15:37

BrumToTheRescue · 18/07/2024 19:57

At this point, you don’t need to worry about someone taking the case for a pre-action letter and JR proceedings themselves. You only need a pre-action letter to begin with. So, at this stage, if SOSSEN can take you on a pre-action letter from them would serve its purpose. You could also try Birkett Long, Watkins, Watkins & Gunn, Bailey Wright and Just for Kids. You can find contact details for via google. You do have to persevere. The demand is high.

I don't understand this. How can you appoint solicitors who don't take legal aid for children? How does that work?

BrumToTheRescue · 16/12/2024 15:54

What part of my previous post don’t you understand?

When OP posted on this thread, she needed a pre-action letter. Pre-action letters are in the parent’s name, not the child. The child cannot get legal aid for a pre-action letter. The parent can if they are eligible. Many aren’t, so they pay.

OP didn’t need to find someone at that point in time who could do the PAP letter and JR proceedings themselves if the letter didn’t work. She ‘just’ needed to find someone to do the PAP letter at that point in time. Hence my post.

Weightoftheworld8 · 16/12/2024 16:13

BrumToTheRescue · 16/12/2024 15:54

What part of my previous post don’t you understand?

When OP posted on this thread, she needed a pre-action letter. Pre-action letters are in the parent’s name, not the child. The child cannot get legal aid for a pre-action letter. The parent can if they are eligible. Many aren’t, so they pay.

OP didn’t need to find someone at that point in time who could do the PAP letter and JR proceedings themselves if the letter didn’t work. She ‘just’ needed to find someone to do the PAP letter at that point in time. Hence my post.

I mean isn't it more difficult to do it this way? If the LA doesn't take the letter seriously you have to find a legal aid solicitor.

BrumToTheRescue · 16/12/2024 16:22

Even if you find someone who has a legal aid contract to do the PAP letter, there is no guarantee they will have capacity to take the case no if you need to move forward with JR proceedings.

It can sometimes add to the time the firm needs to spend on the case, but that is weighted up against it taking longer to find someone with a legal aid contract who has capacity to do the PAP letter. And TBH, the demand is so high, if parents want a PAP letter and aren’t eligible for legal aid for the letter, they would be daft to turn down a reputable firm just because they don’t have a legal aid contract.

Weightoftheworld8 · 16/12/2024 16:46

Thank you. I've been a bit worried about making the situation worse and spending more money to get nowhere.

BrumToTheRescue · 16/12/2024 16:49

Depending on what the case is about, SOSSEN can help with pre-action letters. For some types of cases, they can help free of charge. Although there is a waiting list.

Weightoftheworld8 · 16/12/2024 17:01

Yes I saw the pap project had closed but they were still open for the paid letters although I understand that's a wait too. I don't mind paying as long as I actually get somewhere and last solicitor I had (one of the big ones) racked up my costs very quickly but nothing ever moved.

BrumToTheRescue · 16/12/2024 17:05

SOSSEN’s PAP project waiting list will probably reopen next year now.

Unfortunately, pre-action letters are costly and it is about perseverance and chasing.

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