Judicial Review

[maricharle]

I just thought I would update everyone on my quest for Judicial Review. The original application was refused although I am now going to have the opportunity of an oral hearing. At this hearing I will however have to represent myself as legal aid will not cover it or so I have been told.

I feel it is important for me to continue with this case as the sneaky local authority involved have misled the court in its acknowledgment of service submission. The judge also stated he would be mindful to review the second part of my application but the local authority's decision to review the matter rendered it academic. My problem with that is the offer as well as the evidence was misleading.

If anyone knows anything about representing yourself at such a hearing I would be grateful for any information or suggestions as how to go about it.

Life is certainly a roller coaster when you get involved in looking after vulnerable family members. It certainly has its highs and lows even if it is not the children who create them. Best wishes to all. Maricharle

[David Roth]

Hi Maricharle

Quite a number of the carers who post here have experience as litigants in person, ie representing themselves, so I hope some will be able to come along to offer you a few tips based on their own experiences.

It could also be worth phoning the FRG advice line, to go through what it is you want to achieve from this hearing, and what could be the best way to go about it.

I do hope it goes well for you.

[maricharle]

Thanks David I will call the advice line. It would be useful to speak to someone as it will no doubt help me put my thoughts into some sort of order. Like you say it would also be useful to get tips from others who have had to represent themselves before.

Cheers maricharle

[maricharle]

Hi Irene.
Thanks for the advice. As the initial request for judicial review was refused I had to give a reson for requesting an oral hearing so I hope I am allowed to say that the local authouity mislead the court. Or it could be said the local authority mislead the court to avoid scrutiny of its policy as I have already stated both of these in a submission. I have however produced evidence to back up these statements or at least I believe I have.

Any more tips and advice would be greatly appreciated.

Thanks again Maricharle

[Suzie, FRG Adviser]

Hi Maricharle,

It might also be worth finding out if you can receive help from the Bar Pro Bono Unit which is a group of lawyers who assist and represent people who do not qualify for legal aid and cannot pay privately. They do not accept self referrals but you can get a referral through the CAB. It might be worth you looking at their website for further informtion.

Best wishes

Suzie

[maricharle]

Hi Suzie,
Someone else told me about them but can't remember who, I did email and got a response even though I wasn't refered by anyone. They emailed back and told me they need at least eight weeks notice. As I am supposed to hear form the court within the next seven weeks with a date for the hearing it may be worthwhile trying them again. Thanks for reminding me of them. My heads such a jumble sometimes it's hard to hold a thought for any lenght of time.

[Suzie, FRG Adviser]

Dear Maricharle,

I hope you can get the support from the Pro Bono Unit. If not you could consider the help of a “McKenzie Friend”. A MF is someone who can help a “litigant in person” (someone who does not have a solicitor or barrister in court with them).

A MF can take notes for you while you are in court, help you with the court bundle, and quietly give you advice. They can be there also just to give you moral support. Some times, (if the court gives permission) they can advocate in court on your behalf.

If you want to have someone in court helping you as a MF then they will have to provide a CV for the court and you will have to apply to the court for permission. This will usually be given to you.

Here is guidance about MF .

http://www.barcouncil.org.uk/guidance/P ... ieFriends/

At the Royal Courts of Justice, where the High Court sits in London, there is a CAB and also a Personal Support Unit. They can be contacted on 0207 947 7701. There is an email link from the guidance above.

The court can also be helpful. The local authorities solicitor or barrister will also be under a duty to the court which includes being helpful to a litigant in person-ie giving you copies of case law that they refer to etc.

You could also ring up our advice line to discuss the intricacies of your JR case if you have not already done so.
A number of callers have taken proceedings themselves and we have tried to help them including JR cases which can be more complicated.

The advice sheets also refer to case law and we try to update them regularly.
It is fantastic that you have got this far!

Kind regards,

Suzie.

[maricharle]

Thanks everyone for the advice.

Much appreciated. Maricharle

[cheekipixi]

My local authority have until Friday to give my son support at weekends and school hols, I have had a 10yr fight to get SS to let my son access certain services, then I go to a J.Review. Up to now, my son gets legal aid, I think every1 in our position should be allowed it, it's barbaric to deny people this vital help.
I wish you all the luck in the world
-x-

[Suzie, FRG Adviser]

Dear Kim,

Good luck with getting a response from the local authority on Friday. Often the threat of court brings the matter to a head for the local authority and they may come up, very belatedly, with the support that your son needs.

On another note, this forum is for friends and family carers. We do also have a parent’s forum which is new and is looking for parents to use it and make it their own. Can you put your post there? It would be really good if you could share your experiences on the parents forum.

Although it is new-we do get a lot of people looking at the forum who would be very interested in your ongoing battle to get the right support that your son needs.
heres the link
http://www.frg.org.uk/ParentsForum/

Best wishes,
Suzie