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I don't have any direct experience of this, but I think that anyone
thinking of going to judicial review needs to think very carefully
about it.  If the area to be tested is one of those "grey ones" where
LEAs do different things, then an adverse decision at judicial review
could make case law which will have a huge knock-on effect.  

Consider an example of someone who wanted to take an LEA to
judicial review because they would not pay for specialist tutorial
support for dyslexic students.  If the court's decision was against the
person bringing the judicial review, ie if they ruled that specialist
tutorial support was not an appropriate use of the DSA, then all
other LEAs would say that they could not fund this support.  They
may also say that they would not fund such support for deaf
students.

If you are thinking of doing this you should get some first class
advice and consider what effect an adverse decision would have on
everyone else.  Sorry to be such a misery but my husband is a
barrister who does a lot of judicial review.  I have discussed this
with him in the past and this is the advice he has given me.

Caroline Davies
Disabilities Manager
University of North London
[log in to unmask]
0171 753 5145




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