The purpose of a Pre-Action Protocol Letter sent to the local authority in SEN law related cases is to address and rectify instances where the local authority has failed to fulfil its legal obligations regarding, among other things, support and services for children with special educational needs. 

 

You can request your Pre Action Letter For Judicial Review through our enquiry form here.

 

By sending a Pre-Action Protocol Letter, the aim is to:

 

1. Challenge the local authority: The letter raises concerns about the local authority's failure to fulfil its legal obligations, for example failing to comply with specified and quantified support detailed in a child's Education, Health and Care (EHC) Plan.

 

2. Seek resolution: The letter presents a local authority’s unlawful behaviour and outlines the desired actions that the local authority should take to rectify the situation promptly. The goal is to resolve the issue without resorting to litigation or involving the Administrative Court.

 

3. Provide evidence: The letter establishes a written record of your concerns and should include evidence of the local authority’s unlawful acts or omissions.

 

4. Encourage compliance: The letter informs the local authority of their legal obligations, highlighting the consequences if they fail to rectify the situation within a specified timeframe. 

 

One of the main purposes of a Pre-Action Protocol Letter is to prompt the local authority to take corrective action when it has acted unlawfully. In some cases, it can be the first step to ensuring that children with special educational needs receive the necessary support and services outlined in their EHC Plans.

 

In many cases, a well-drafted and legally sound Pre-Action Protocol Letter successfully resolves the matter, eliminating the need to escalate the situation to the Administrative Court.

 

Other scenarios where a Pre-Action Protocol Letter proves valuable in compelling the Local Authority to fulfil their legal obligations include:

 

1. Failure to notify you within six weeks if they intend to conduct an EHC Needs Assessment after your initial request.

2. Failure to inform you within 16 weeks if they plan to issue an EHC Plan after your EHC Needs Assessment request.

3. Failure to provide the final EHC Plan within 20 weeks after your EHC Needs Assessment request.

4. Failure to deliver a decision within four weeks of an Annual Review.

5. Inadequate provision of appropriate or full-time education to your child.

6. Unlawful refusal to provide or fund home-school transport.

7. Negligence in conducting appropriate social care assessments or providing relevant social care support and services.

 

If a Pre-Action Protocol Letter fails to resolve the matter, resorting to a Judicial Review claim in the Administrative Court may become necessary—visit our page here to find out more.

 

If you would like assistance with a Pre-Action Protocol Letter, you can request your Pre Action Letter For Judicial Review through our enquiry form here.