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Here are some suggested organisations that offer expert advice on special needs.

Original poster

Judicial Review

12 replies

theDudesmummy · 01/12/2013 18:32

Anyone had any experience of threatening and applying for JR? Is it possible to do it without legal representation?

OP posts:
Nigel1 · 01/12/2013 20:37

It is, but is not to be recommended. If you want to research it then look at www.justice.gov.uk/courts/rcj-rolls-building/administrative-court/applying-for-judicial-review
The LA will use a barrister and the barrister will know more about the issues and law than you will. There is provision to be a litigant in person Judges will seek to guide you but can not do the job for you,

JR is identifying the failure of the LA to conform to law. It is not to be used lightly.
If you want to discuss it informally then please PM me off forum.

nennypops · 01/12/2013 23:44

If it's cost that's putting you off, bear in mind that a lot of judicial review claims are in the child's name, so you may well get legal aid.

Original poster
theDudesmummy · 02/12/2013 09:33

We would not be eligible for legal aid, I am sure.
LEA has failed to pay for provision that is specified in a statement, so there is a clear breach.

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Original poster
theDudesmummy · 02/12/2013 09:34

I am planning to issue them with an invoice accompanied by threat of JR, but just looking into how things would work out of they called the bluff, as it were.

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inappropriatelyemployed · 02/12/2013 09:48

You can get legal aid in your child's name if they don't have savings over a certain level.

It is advisable that you do this through a lawyer. They may charge for the pre-action protocol letter because legal aid is usually only granted when proceedings are contemplated, although I think they can get legal aid to investigate the issues sometimes.

manishkmehta · 02/12/2013 13:55

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manishkmehta · 02/12/2013 14:00

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manishkmehta · 02/12/2013 14:05

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Original poster
theDudesmummy · 02/12/2013 14:29

All very helpful advice, thanks. Given that they did not even bother to instruct a solicitor for the tribunal I think there may be mileage in supposing they will not want to waste money on the legal case. Well, I am a few steps away from issuing JR proceedings yet, just seeing what people know.

The amount is significant but not huge (10-20k sort of scale).

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Nigel1 · 02/12/2013 23:22

The facts outlined above have changed since the original post.
If you have a SSEN then you can make an application for Legal Aid in the name of the child as it is the chidls rights that have been wronged.

Thus it is the chidls income that is assessed by the Legal Aid Agency. Judicial review is a different franchise than Education Law and so one of the old Education Law firms may well be able to take this on under a new Legal Aid application.

The key point at this stage is to get the Pre Action Protocol letter as outlined in the CPR nailed and served on the LA and the legal department. The effect of this is to cause the legal dept to challenge the Education Department to get their house in order. It can be very effective.
I have served many Pre Action Protocol letters and only gone to the Admin Court a handful of times.
Read the CPR rules to get the ground rules clear.

Original poster
theDudesmummy · 03/12/2013 08:49

Thanks Nigel. I will be looking into doing that should the LEA not respond to an invoice with a threat of legal action (will send invoice both to education and legal departments).

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Original poster
theDudesmummy · 03/12/2013 08:50

PS thanks for the info about legal aid, will look into that too if it becomes neceassry

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