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Judicial Review – Education Law Scotland

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The judicial review process allows you to challenge decisions taken by education authorities, for example, in a legal dispute over policies. refuse a placing request or to close a school, potentially impacting the best education for children. In judicial review proceedings, the court will scrutinise the decision taken by the relevant body and decide whether it acted lawfully. In many cases, courts have disagreed with an education authority’s actions and have reversed its decision, thus resolving the dispute.

We understand you may be feeling anxious and confused about your options, but most of all for your child’s best education. If you believe an education authority has acted unlawfully and you are considering making an application for judicial review, our team can help. Please contact our Education Lawyers for legal advice.

Can I apply for judicial review? Lawyer advice

You can only ask for judicial review of decisions made by public bodies. For example, this means the agency responsible for the decision must be a local authority or a board of school governors of a public school.

Judicial review is a 'last resort'

Further, judicial review can only be used if there is no other way to challenge the decision or as a last resort. If there is another route you can use to appeal the decision (for example, to an Education Appeal Committee or the sheriff court), you must do this before applying for judicial review.

When can I apply for judicial review?

It is important to act quickly. You have three months from the date of the decision in question to start your application. If you are concerned about timings, please contact us for advice. In some circumstances, it may be possible to request more time from the court.

What happens after the judicial review case?

If the court rules in your favour, it will cancel the decision and may tell the public body responsible to stop taking certain actions or order it to do something. You may also be entitled to compensation if the court believes you have suffered financial or another form of loss. On the other hand, the court may decide that the public body acted lawfully and uphold its decision.

How can we help if you are seeking judicial review of a school or other education provider’s decision?

Judicial review is a complicated process and the support of an experienced practitioner is vital. We can assist you throughout. Initially, we will listen carefully to your circumstances and give you honest advice on whether your application is likely to proceed. If you decide to go ahead, we will help you to create a strong application, supported by convincing evidence, to the Court of Session. A successful application will lead to a court hearing, where we will use our expert advocacy skills to get you the best possible outcome.

Contact our Education Law Solicitors in Glasgow & Edinburgh, Scotland

If you have been personally affected by a decision taken by a public body responsible for education, you could have a right to ask a court to review the decision-making process. We have extensive experience in conducting judicial review cases in the higher courts. To find out how we can help, arrange a free* consultation with one of our Education Lawyers by calling 0808 169 5822, or complete our online enquiry form and we will get back to you.

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Please note: We do not offer legal aid

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