What Is Judicial Review, and When Is It Relevant to a SEND Case?

Judicial Review is a term that comes up in some of the most serious SEND cases, and it's often misunderstood or used interchangeably with a Tribunal appeal — the two are genuinely different processes, with different purposes.

What Judicial Review actually is

Judicial Review is a High Court process that examines whether a public body — including a Local Authority — has acted lawfully in how it made a decision, not whether the decision itself was the "right" one on the merits. It looks at process and legality: did the Authority follow the correct procedure, consider the relevant factors, and act within its legal powers?

How this differs from a SEND Tribunal appeal

A Tribunal appeal challenges the content of an EHCP — whether the needs, provision or placement described are right. Judicial Review challenges how a decision was made or not made — for example, a Local Authority failing entirely to deliver provision it's legally required to provide, or failing to act within a reasonable time.

When Judicial Review might be relevant in a SEND context

- The Local Authority has failed to deliver provision specified in a final EHCP, over a sustained period, despite being asked to
- A decision has been made without following the correct legal process
- There's no other adequate remedy available through the Tribunal system for the specific failure involved

Why this requires a solicitor

Judicial Review is conducted in the High Court, under a strict pre-action protocol and tight timescales — usually claims must be brought promptly, and in any event normally within three months of the decision being challenged. This is not a process an independent consultant can represent you in; it requires a solicitor with judicial review and administrative law expertise, and often counsel (a barrister) for the hearing itself.

What to do if you think this might apply to you

Act quickly — the time limits are genuinely strict — and seek a solicitor with specific JR experience as a priority. A SEND consultant can still play a valuable role alongside your solicitor, particularly on the underlying SEND evidence and strategy, but the legal proceedings themselves need proper legal representation.


Wondering whether your situation might involve Judicial Review?
If a final EHCP has been issued and the dispute concerns the school or type of placement named in Section I, this is the work I specialise in.