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A Successful Application for Judicial Review - Case Study Example

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This case study "A Successful Application for Judicial Review" examines the case of Mr. and Mrs. Elliot who are seeking advice on the prospects of successfully applying for judicial review against a decision by their local authority to refuse their son a grant to study at a residential ballet school. …
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A Successful Application for Judicial Review
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Download file to see previous pages They also claimed (under "other exceptional circumstances") that their son was the victim of bullying at his local school, because of his interest in ballet. Mr. and Mrs. Elliot indicated that they would welcome the opportunity to meet with officers of the Council to provide any necessary further information and generally to speak in support of their application.
The Council rejected the application without giving the Elliots the opportunity of making oral representations. When Mrs. Elliot telephoned the Grants Application Officer of the Council, she was informed that, because of a reduction in the education budget, the range of courses that could be funded had been reduced and ballet schools had been excluded. When Mrs. Elliot raised the issue of bullying, she was told that, in any event, the Council never considered "other exceptional circumstances" because they inevitably led to lengthy disputes. Finally, the Grants Application Officer pointed out that the Council was not under a duty to make any grants and it could exercise its discretionary power as it thought appropriate.
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 ballet 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.
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 ballet school. The application was made on the following grounds: there were no comparable schools available within reasonable proximity of their home. ...Download file to see next pagesRead More
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