Judicial review

A court challenge to a public body's decision-making. The last resort, and the fastest deadline in the system.

What it is

Judicial review is a claim in the Administrative Court that a public body has acted unlawfully, irrationally or unfairly. In education it is used where there is no right of appeal — most often to enforce provision the council is failing to secure, or to challenge a policy.

It looks at how a decision was made, not whether it was the right one.

Where it applies

Anyone with sufficient interest. Children can bring claims through a litigation friend.

How it works

The claim must be brought **promptly and in any event within 3 months** of the decision. That is the shortest and least forgiving deadline in this library.

A pre-action protocol letter usually comes first, and a great many disputes settle at that stage — a solicitor's letter setting out an unlawful failure to deliver Section F provision frequently produces the provision.

Legal aid is available for judicial review subject to means and merits, and children's means are assessed on their own.

What you can ask for

Take advice early. Three months goes quickly and the clock runs from the decision, not from when you gave up on the complaint.

Ask a solicitor whether a pre-action letter alone is likely to resolve it. Often it is.

Where to get help

A solicitor with an education law specialism — the Law Society's directory, or IPSEA and Coram Children's Legal Centre for referrals. Do not leave this one to a general practice.