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• 14 Mar 2025

• No

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  Victoria,

  No – you cannot generally bring a judicial review simply because you disagree with the contents of an EHCP. Judicial review is a legal mechanism used to challenge the lawfulness or procedural fairness of a decision made by a public body. However, when it comes to EHCPs, there is a statutory right to appeal through the Special Educational Needs and Disability Tribunal. This tribunal is the appropriate forum for contesting the contents of an EHCP, and judicial review is not available if an alternative appeal route exists. In other words, if you’re unhappy with your EHCP, you should first use the established appeal process rather than trying to pursue a judicial review.

  This question is frequently asked and is addressed in the current version of the Noddy Guide here:

  Can you go to judicial review and to first tier tribunal? 

  It follows, therefore, that you cannot also have two bites of the cherry at the same time in relation to the same matter, if that makes sense.

  Sean Kennedy

  

  Sean Kennedy
  Talem Law

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