Education Judicial Reviews
We regularly act for local authorities who are the subject of judicial review proceedings.
Claimants often argue that suitable education has not been provided for their children, pursuant to s 19 EA 1996. SV Law regularly advises local authorities about their statutory obligations in relation to this, drafting pre-action letters and gathering evidence to demonstrate that suitable arrangements are, or have been, in place.
SV Law regularly defends local authorities from claims that they have failed to secure or arrange the special educational provision, or the health and social care provision, specified in a child or young person’s EHC Plan, and advises on the steps needed to demonstrate compliance with this statutory duty.
Regulation 18 sets out the local authority’s duty to keep an EHC Plan under review at least annually. We advise local authorities on carrying out lawful, timely and well-evidenced annual reviews, and on defending challenges where a review is alleged to be late, inadequate or improperly conducted.
Regulation 12 governs the time limits and process for EHC needs assessments and plans. We advise local authorities facing challenges over delay, helping them evidence good reasons for any deviation from the statutory timetable and respond robustly to pre-action correspondence.
What our clients say
"
Satnam Virdi and his firm have always been diligent and professional, and offered expert advice around complex education legal issues and regulations. I have found Satnam Virdi very personable and professional, always meeting timescales and deadlines as required and ensuring he is personally available for meetings or phone conferences as required."
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