Rulebook · Way to challenge

Judicial review (after a pre-action letter)

A claim in the High Court that a public body, such as a council, has not acted within the law. Examples are not making a decision or not carrying out a legal duty. The court looks at how a decision was made, not at whether it was the best choice. A pre-action letter comes first, giving the council time to reply. The court must give permission before a full hearing.

Who can use it: Anyone with enough interest in the matter. In SEND cases the claim can be brought in the name of the child or the young person. A claimant under 18 must have someone to conduct the claim for them, called a litigation friend, unless the court orders otherwise. Most people use a solicitor. Time limit: The claim must be filed promptly, and in any event within 3 months of the grounds first arising. Under the Pre-Action Protocol (court guidance), the council should normally reply to the pre-action letter within 14 days, and that time counts within the 3 months.

Alongside other ways

It can run alongside complaints, but the court may expect other routes, such as an appeal, to be used first. A complaint to the Ombudsman does not stop the 3-month time limit.

Cost

Court fees, and a risk of paying the council's legal costs if the claim does not succeed. Legal aid may be available, subject to a means and merits test.

What it can do

• The court can order the council to carry out a legal duty, such as making a decision or securing the provision in a plan.
• It can cancel (quash) a decision so the council has to make it again.
• It can declare what the law requires.

What it cannot do

• It does not decide what the child or young person needs or which school to name.
• The court normally expects an appeal to the Tribunal to be used first where one is available.
• The pre-action letter does not stop the 3-month time limit, and the time limit cannot be extended by agreement with the council.

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

route.judicial_review

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Civil Procedure Rules, r 54.5Law (Act or Regulations)
• Civil Procedure Rules, r 54.5(2)Law (Act or Regulations)
• Senior Courts Act 1981, s 31(3)Law (Act or Regulations)
• Civil Procedure Rules, r 21.1(2) and r 21.2(2) and (3)Law (Act or Regulations)
• Pre-Action Protocol for Judicial Review, para 20Official guidance
• Pre-Action Protocol for Judicial Review, para 1Official guidance
• Pre-Action Protocol for Judicial Review, para 5Official guidance
• R (Glencore Energy UK Ltd) v Revenue and Customs Commissioners [2017] EWCA Civ 1716, at [55] to [56]Case law, to verifyStill to confirm the citation and the holding at [55] to [56] (Sales LJ, with whom Singh LJ agreed; the court was Gloster LJ, Sales LJ and Singh LJ) that judicial review is ordinarily a remedy of last resort where a suitable alternative remedy, such as a right of appeal, exists, and that the decision has not been overturned.

Related

• The council's duty to secure the provision (section 42)
• Tribunal orders and the time limits to follow them
• Judicial review
• Pre-action letter (before judicial review)

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