Parents may need to take action in the courts on behalf of their child against the local authority (LA).
For example, they may need to make sure that the child receives the provision specified in a statement of special educational needs or they may need to take action because the school or other body misinterpreted the law in dealing with an admission or exclusion.
Negotiation by parents with LAs in these circumstances is frequently unsuccessful and the only way forward may be to bring an action for judicial review in the courts. If the court decides that the LA has acted improperly, it will order the LA to reconsider its decision.
In these situations, it is essential to act speedily (as time limits are short) and expert legal help is essential. We are specialists in judicial review and are able to lodge cases quickly when appropriate, sometimes within one or two weeks of receiving instructions.
Frequently, the prompt issue of court proceedings will persuade the LA to put the correct provision in place, without the necessity of a hearing before a judge. In most cases, other than admissions, Legal Aid is available for the child.
To clarify the position on public funding, the rules are set by the Legal Aid Agency and unfortunately we have no control over them. It is common practice for them to take into consideration parental means for any child or young person where the parent is deemed to support them financially, to assist with the work the Court requires we do before we pursue a Judicial Review in Court.
This is normally done under a type of public funding called Legal Help, which is what the CLA assess eligibility for. For anyone who is not eligible, we can do this work privately.
Contact us now to discuss how we can help you by completing our, no obligation, online enquiry form and we will call you back or you can call us on freephone: 0808 129 3320.