Applying for a pre-action protocol letter (The PAP Project)
JR is a way for parents and young people to challenge the decisions of a public body, by asking a court to decide whether the decision of, in this instance, a local authority, has been made in a lawful, fair and reasonable way. The same is true where the local authority has failed to deliver on its statutory duties.
Before you can seek JR, you have to have given the local authority the opportunity to rectify the situation. This means making the public body aware of your intentions to send what is known as a ‘pre-action protocol letter’ (PAP) and your intention to seek JR.
The PAP Project
Our new JR initiative, the PAP Project, is enabling us to issue a PAP letter if your case is a valid one.
Criteria for a PAP under the PAP Project
- Failure to meet deadlines during the EHCP assessment process, after annual reviews and tribunal hearings, and for change of phase placements.
- Failure to supply provision in sections F and G of EHCPs.
- Unlawful exclusions/imposition of reduced or part time timetables.
- Failure to provide education for children out of school
Please note that if your issue relates to enforcing other aspects of local authority, school’s or other public authorities’ obligations (for example, transport, policy challenges, failure to arrange specific assessments etc, we may still be able to draft a PAP letter; however, as this will be more complex it will be outside the project’s scope at the moment and we will need to ask for a payment, currently £145. Please use the form at Contact Us to apply.
Registering for a PAP under the PAP Project
Please follow these 3 steps which will help us consider the viability of your request and issue a PAP. We are unable to process your request without these three steps being completed.
- Please complete the registration process.
- Please email the answers to the following questions to : firstname.lastname@example.org
- Which of the above issues does your inquiry relate to?
- When did this occur? Please give a brief timeframe
- Have you written to the potential opponent warning them that you will have to start potential judicial review proceedings if they do not rectify matters by a specified deadline? Is so, please provide a copy in your documentation; see below. If you have not yet done this, we suggest you do so before proceeding further.
- Has the potential opponent given a firm indication of what it intends to do?
- What consequences have you/the child or young person faced or will face if nothing is done by the potential opponent?
3. Please email at the same time with all the documents that we will need to assess your case. This will include a copy of the EHCP. See the list of what we required here
What happens next?
On completion of these steps, your case will be assessed for viability and added to our waiting list to be allocated to a volunteer. We will contact you if your case is not suitable for a PAP. Should your circumstances change during this period and you no longer need a PAP letter, please let us know so we can remove you from the list.
If we have not received all the information above, unfortunately we will be unable to process your request and are not able to chase for missing information.
If your case is a viable PAP letter under the PAP Project (see the criteria list above for those cases that are being considered at this time), then the cost of your PAP letter will be covered by the Project.
Until viability has been checked, we will not be able to confirm if your case is suitable for the PAP project.