With the recent standardization of the leaving cert results in 2020, many students are unhappy with their results. If you find your child in this situation, you can apply for a judicial review. The methodology of applying for judicial review, in this case, is that Peter Boyle & Co. Solicitors will take a judicial review application to the High Court on your behalf to review the process that was employed by the Department of Education to allocate their grades.
A judicial review is when you challenge a decision made by a public body, government body, or agency. You can only apply for judicial review if you are affected by the decision. By pursuing a judicial review, you are asking the High Court to assess how the decision was made, rather than the decision itself. While you might not be happy with the decision, that in and of itself is not sufficient grounds for a judicial review. There must be a fault in the way in which the decision was made, generally because the appropriate fair procedures or due process was not followed. If you think this may apply to you, contact us today.
To apply for a judicial review, you apply to the High Court requesting permission to proceed. There is a time limit for submitting this application, and usually is three months from the date the grounds (in this case, the results being released on Monday the 7th 2020) for judicial review arose.
You will need to provide your reasons for pursuing a judicial review. If the High Court is satisfied, you can continue to bring judicial review proceedings. The defendant must then be notified and given all the necessary paperwork, after which they have the opportunity to oppose the application and enter their legal pleadings for the court to consider.
At the end of the process, a hearing will take place, and the High Court examines the decision to ensure it was fair and lawful.
If your judicial review is successful in court, there are various possible outcomes. The High Court may cancel or set aside the decision. It can also demand that damages are paid to those affected and prevent a particular body from making a decision.
If you would like to find out if you have a case that will be successful in court, then contact us. During your one hour private meeting, we will look at all the details and determine if you have a viable case.