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Legal Advice - Essay Example

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Summary
Mr. and Mrs. Elliot are seeking advice on the prospects of successfully applying for judicial review against a decision by their local authority (‘the Council’) to refuse their son a grant to study at a residential ballot school. …
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Legal Advice
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Download file to see previous pages Factual Information In summary, Mr. and Mrs. Elliot (‘the Elliots’) made an application to their Council, on behalf of their son, Billy, for a grant for their son to study at a residential ballot school. The application was made on the following grounds: there were no comparable schools available within a reasonable proximity of their home; they were unable to pay the fees of the available schools; and, under the heading “other exceptional circumstances”, they argued that their son had been the victim of bullying at his local school due to his interest in ballot dancing. The Council rejected the application without having considered oral representations from the Elliots. The Grants Application Officer informed Mrs. Elliot, by telephone, that the application had been rejected because ballot schools had been excluded from the range of courses which were being funded. Mrs. Elliot was further informed that the Council never considered issues falling under "other exceptional circumstances" due to the ‘lengthy disputes’ which often resulted. The Grants Application Officer stated that in any event the Council had no duty to award a grant as they could exercise their discretion as they deemed appropriate in the circumstances.
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Word limit: 1500 (+/-10%) Legal Advice Introduction Mr. and Mrs. Elliot are seeking advice on the prospects of successfully applying for judicial review against a decision by their local authority (‘the Council’) to refuse their son a grant to study at a residential ballot school. This advice has been divided into the following sections: Factual Information; The Remit of Judicial Review; The Requirements of Judicial Review; Legal Analysis of the Issues; and Conclusion. Factual Information In summary, Mr. and Mrs. Elliot (‘the Elliots’) made an application to their Council, on behalf of their son, Billy, for a grant for their son to study at a residential ballot school. The application was made on the following grounds: there were no comparable schools available within a reasonable proximity of their home; they were unable to pay the fees of the available schools; and, under the heading “other exceptional circumstances”, they argued that their son had been the victim of bullying at his local school due to his interest in ballot dancing. The Council rejected the application without having considered oral representations from the Elliots. The Grants Application Officer informed Mrs. Elliot, by telephone, that the application had been rejected because ballot schools had been excluded from the range of courses which were being funded. Mrs. Elliot was further informed that the Council never considered issues falling under "other exceptional circumstances" due to the ‘lengthy disputes’ which often resulted. The Grants Application Officer stated that in any event the Council had no duty to award a grant as they could exercise their discretion as they deemed appropriate in the circumstances. In light of the above, the Elliots seek advice on the ...Download file to see next pages Read More
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