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Legal challenge

In June 2019 Square Peg and Not Fine In School raised £7,000 to seek legal advice regarding the DfE's current non-statutory attendance policy and codes.

The resulting advice from Irwin Mitchell and Monkton Chambers confirmed that there were sufficient grounds for a legal challenge.

A letter to Nick Gibbs in August 2019 failed to secure a meeting or any recognition that there are problems in the current system and two families subsequently instigated a Judicial Review.

The DfE's response to the families' Letter Before Action claimed that this is not a systemic issue, current policies and codes are adequate and any discrimination is a result of schools and local authorities misinterpreting Government guidance.

Families are considering what further legal action can be taken. A July 2020 update to our CrowdJustice backers can be found here.