Insights / News
Insights / News
In R (LW) v London Borough of Islington [2025] EWHC 703 (Admin), following a rolled-up hearing, the High Court has confirmed that the First-tier Tribunal (Health, Education and Social Care Chamber), which deals with statutory appeals under the Children and Families Act 2014 concerning EHC Plans, is a suitable alternative remedy to judicial review. Kate Grange KC (sitting as a Deputy High Court Judge) emphasised the extremely high threshold which must be crossed in order to persuade the High Court to entertain a judicial review claim in circumstance where a statutory right of appeal exists. Permission was refused on all grounds. Alex Line represented the successful Defendant local authority. The High Court’s decision can be found here: LW, R (On the Application Of) v London Borough of Islington [2025] EWHC 703 (Admin) (24 March 2025).
In this case the Claimant brought a judicial review claim in response to a decision by the local authority to issue an EHC Plan following a statutory re-assessment process. She alleged that the re-assessment had not been lawfully completed, that the local authority had erred by not undertaking an annual review, and sought a quashing of the resulting EHC Plan which was also alleged to be unlawfully produced.
Based on arguments raised by Alex, each of the grounds were rejected on their merits, but the Court also accepted Alex’s contention that the claims should not be permitted to proceed because a statutory appeal right existed to the First-tier Tribunal, which had been exercised. The Claimant argued that the judicial review should nevertheless be considered by the High Court because of the delay of around a year that would be experienced before the matter was heard in the Tribunal meant that this was not an effective remedy; and because of the severity of the Claimant’s needs meant that time was of the essence. The Court disagreed and concluded that these points did not give rise exceptionality, emphasising just how difficult it is to proceed with a judicial review claim where a statutory right of appeal exists. The Court concluded that the use of judicial review was in the circumstances inappropriate.
The case is of importance because it provides detailed consideration of the case law relating to the viability of using judicial review where a statutory right of appeal exists. This is a topical issue in the light of the backlog in the Tribunal system, and concerns about the time it takes to get statutory appeals concerning EHC Plans to final hearings in the SEND jurisdiction of the First-tier Tribunal.
It also confirms an important point of practice for individuals and local authorities. The Court confirmed that, in circumstances where a statutory re-assessment of needs is being undertaken, a local authority need not carry out an annual review where the date for doing so falls in the re-assessment period, if through the re-assessment the local authority in substance does what would be achieved through an annual review.
Alex’s public law work is focused principally on the areas of education, community care, health, and mental capacity. He has significant experience of judicial review litigation. He is well placed to assist with public law cases affecting these and associated areas.
To find out more about Alex, contact Nick Levett on +44 (0)20 7427 4908 or Chris Rowe on +44 (0)207 427 4911 for a confidential discussion.
News 28 Mar, 2025
Call: 2009
