12th February 2026

AM I ABLE TO APPLY FOR JUDICIAL REVIEW IN SEN CASES?

With the SEN Tribunal in a “bottleneck” could Judicial Review be the most appropriate remedy in SEN Cases?

Judicial review is a remedy in public law. It is used when a public body (such as a local authority) fails to carry out legal duties imposed on it. The remedy is discretionary, meaning the court is not required to grant it even if grounds exist.

To proceed, you must demonstrate an arguable case. If the court agrees there is one, it will usually grant permission, set a timetable, and then hear the full claim. If it finds unlawfulness, the court can issue various orders (such as requiring the body to act or reconsider).

Importantly, judicial review focuses on the lawfulness of how a decision was made (or not made), rather than whether the court agrees with the outcome or merits of the decision itself.

In special educational needs (SEN) cases, judicial review is commonly used to challenge situations such as:

  • Failing to comply with statutory time limits for conducting Education, Health and Care (EHC) needs assessments, issuing EHC plans, or completing annual reviews.
  • Not delivering the special educational provision specified in an EHC plan.
    Failing to provide suitable education (e.g., when a child is out of school).
  • Refusing to secure a place at the type of school (or specific school) named in the EHC plan.
  • Ending a placement without following proper procedures.
  • Not implementing decisions made by the First-tier Tribunal (SEND).
  • Failing to arrange or participate in statutory mediation when requested.

You do not always need to have completed internal complaints processes before seeking judicial review—especially in cases involving a clear, obvious breach of statutory duty.

In SEN matters, time is critical. Claims must generally be brought promptly and within three months of the decision (or failure to act) being challenged. In some cases involving ongoing breaches, it may be possible to argue that the time limit starts later due to a “continuing breach.”

Whether you have strong grounds depends entirely on the specific facts and issues in your case. That said, judicial review can be a powerful tool—an “effective sword”—for challenging unlawful actions, policies, or practices by local authorities. It remains the main legal route for addressing such breaches outside the Tribunal system.

For advice or more details about your situation, please contact us directly.