Holding Local Authorities Accountable
Special Educational Needs
When Local Authorities fail to provide children with the educational provisions set out in the child’s EHCP, parents often find themselves navigating a complex web of legal processes. If you're going through this, don't worry, we know it's hard, and we can help.
One of the most effective tools to hold the Local Authority accountable is sending them a ‘Pre-Action Protocol Letter’. This is a legal letter that serves as a comprehensive document outlining the specific breaches of law and the grounds for taking them to court in a process called Judicial Review. It lays out the legal framework, enabling us to build a compelling case against the Local Authority.
This approach is not only efficient but also cost-effective, sparing families from protracted legal battles. By initiating this formal process, we can compel the Local Authority to talk to us and try to resolve the issues in a fair and transparent way – ideally without ever taking the matter to court. High court action in these matters can be extremely costly, time consuming and stressful; we draft these letters to facilitate meaningful discussions with the Local Authority that can help you reach an amicable resolution.
In situations where formal complaints to the Local Authority fail to achieve an acceptable outcome, the Pre-Action Protocol Letter plays a pivotal role in the resulting Judicial Review process in the High Court. A well drafted letter strengthens the case's credibility and legitimacy, showing the court that all reasonable avenues to resolution have been exhausted outside of court. By highlighting the seriousness of the Local Authority's failure to provide adequate education, it underscores your unwavering commitment to seeking a fair and just resolution for your child.
Following this process empowers families to assert their rights and navigate the complex landscape of educational redress. By using this approach, we foster transparency, accountability, and strive for positive change within Local Authorities, ensuring that every child receives the education they deserve.
