Having reviewed the specifications that permit for a Judicial Review and following associated advice, a Pre-action claim for Judicial Review (JR) is underway and a Letter Before Claim is in process.

This is to be served upon the Prime Minister Boris Johnson at 10 Downing Street in the very near future.
The grounds for the JR are in respect of unfairness and irrationality, as Mr Johnson and the Government have failed to take on board the readily available and emerging science that should have fully informed their decisions. This occurring despite the Government pledging to take on board and to be led by scientific research.

Boris Johnson’s Government have given feint regard to required legislation and their duties therein, including International Covenants The following are examples of this:-
- Children Act
- UN Convention on the Rights of the Child
- The Equality Act
-Human Rights Act

Families have a legitimate expectation that Government will act in the best interests of all children and their individual needs and a legitimate expectation that Government will support and uphold families having a private life and in doing so the right and ability to decide what is in their child’s interest especially in times of threat and crisis that pertain to their children’s health, safety and wellbeing.

In addition the public and families, including those from protected equalities characteristic groups, have a legitimate expectation that Government will act within the law, including in regard to giving due regard to protected characteristics and diverse needs, rather than applying a blanket policy and approach which fails to take on board individual needs and requirements and in this regard to legitimately and reasonably expect for Government to sufficiently and adequately impact assess accordingly, in order to mitigate against any actual or potentials for adverse impact.

Through Boris Johnson and Government issuing their directive that all children must return to school en masse, it is the case that whilst they initially provided leeway for reasonable adjustments to be made, they have unreasonably and unfairly in public statements withdrawn this. Instead asserting that ALL children must return to school and threatening that if this does not occur then parents/carers will be fined. This presents unreasonable, perverse, irrational and unfair.

It also runs contrary to this Government’s condemnation of other past Governments acting in line with being ‘ the nanny state’ and taking from parents/carers their rights to decide and to exert influence over what is best for their children and them as families, including families with chronically ill members, BAME families etc.

The right to have influence over decisions affecting one’s children and family and the protection of the vulnerable in times of heightened crisis and threat and along with the safeguarding of school staff and childcare staff and their families is another primary consideration of seeking Judicial Review in regard to Boris Johnson’s and the Government’s decision. Along with the punitive and threatening approach of fining families that is being peddled in regard to families, whom acting from the best interest of their children, may feel it is better and safer, given all of the scientific research and the threats and risks presenting therein, to keep their child from attending school or in instances where a child or young person refuses to attend school due to anxiety relating to Covid-19. The latter too being on the Government’s punitive path for to fine families.

Judicial Review is being pursued on the above basis.

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