Judicial Review in the Royal Courts of Justice – Bullying and Violence in Schools

On 30/07/2021 documents were sealed by the High Court and then served on the Governments legal department and Westminster Magistrates Court in a claim for Judicial review against the decision not to issue a criminal summons against the Education Secretary, Gavin Williamson.

The application argues that the allegations of a deliberate failure to take reasonable steps to protect children from harm and death in relation to bullying and violence in schools, if proven in court would be capable of crossing the criminal threshold.

Both those parties will now have 21 days, to present legal argument to the Royal Courts of Justice, stating why they believe permission should not be granted if they dispute the claim.

Work will continue in the meantime, with an update now most likely to follow later in August.***

*** Update 25/08/2021 The deadline has now passed and the Royal Courts have confirmed that there has been no response from either the Government Legal Department or Westminster Magistrates to the claim that permission should be granted for a Judicial review to be heard in open court, to look at whether or not the decision to refuse to grant a summons against Gavin Williamson was wrong in law.

The claim should now be passed onto a Judge to decide on paper whether or not the application for Judicial review should succeed. There is no fixed date for a decision but we would hope to have one in the next few weeks and will update again when we know more.

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