Home » Friends. » Why Judicial Review is a real remedy in SEN and disability cases

Why Judicial Review is a real remedy in SEN and disability cases

rightsinreality

A large part of my contribution to social media involves suggesting that people consider judicial review as a way turning their rights into reality. However I recognise that for most people the prospect of taking the state to the High Court is seriously off-putting. The point of this post is to try to show that judicial review isn’t remote and terrifying but instead is a real way to get a remedy for unlawful conduct by the state – with a particular focus on how this applies to disabled children and adults and their families.

To start at the beginning. Judicial review is the process by which the High Court supervises the conduct of public bodies and makes sure they act in accordance with the law. In line with a wonderful quote from Lord Justice Sedley, judicial review isn’t in fact so much about ‘rights’ as it is about ‘wrongs’. What the Administrative Court (the part of the…

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