Unfair School Decisions

When a school place is refused, an EducationEHCP is not delivered, or a child is left without suitable education, it can feel overwhelming and urgent. Parents are often left navigating complex processes and decisions that do not reflect their child’s needs can result in lost learning and long-term impact on a child’s development.

Understanding unfair school decisions

Judicial review is a legal process used to challenge decisions made by schools and local authorities where those decisions may be unlawful, procedurally unfair, or irrational. The court does not remake the decision made by the school or local authority. Instead, it checks the way the decision was made.

This can arise in a range of situations, including:

• failure to deliver the special educational provision in an EHC plan
• a child is out of school with no suitable education arranged
• SEND transport that is refused or plainly unsuitable
• permanent exclusion where procedure was not followed or the law was misapplied
• failure to follow an exclusion review panel recommendation
• an admission appeal panel error

Where these issues occur or persist, the impact on a child can be immediate and significant, affecting both their educational progress and emotional wellbeing.

What a Judicial Review court can do

Challenging a decision will depend on the circumstances. In many cases, you may need to exhaust internal appeals, such as admission appeals or Independent Review Panels, before considering judicial review. Where those processes have been mishandled, or no suitable alternative exists, judicial review may be appropriate.

Timing is critical. A claim must be issued promptly and in any event within three months of when the decision was made.

If the court agrees with the parent that a decision about their child was unlawful, it can quash it, which means the school or local authority must take the decision again, lawfully. The court can also make a mandatory order requiring specific action or grant a declaration.

Practical pointers for parents

• Act promptly. The judicial review court expects speed. Three months is the maximum time parents have to take action, but the courts encourage action promptly.
• Keep records. Save emails, meeting notes and policies. These help show what rules applied and where process went wrong.
• Know your child’s rights. For EHC plans, the duty to secure provision is absolute. For children out of school, suitable education must be arranged. For transport, clear statutory tests apply. Schools must follow their admission policy.
• Use the right route. Some issues are best resolved by IRP or an admission appeal panel and, where other routes are available, they must be explored first. Where those appeal processes misapply the law or are procedurally unfair, judicial review can be the next step.

How can we support you?

We advise parents and students facing unfair school decisions with specialist, practical guidance so that you can protect your child’s education.

We will

• Review the papers quickly and tell you if judicial review is realistic, or whether an alternative route such as an internal appeal, an IRP or an admission appeal re hearing is more appropriate and effective.
• Respond quickly to deadlines, prepare a clear pre action judicial review letter that sets out the legal errors of the school or local authority, and negotiate where appropriate to secure the best outcomes, without a hearing.
• Where needed, start an urgent claim for judicial review, seeking an interim order of the court to protect your child’s education while the case is decided.

We deliver clear guidance and practical steps to help you move quickly towards the best possible outcome for your child.