We are proud to announce the release of our 2016 Annual Report.
Our experienced judicial-review team provides advice and support to social enterprises on all aspects of judicial review, including bringing challenges to decisions of public bodies.
When a public body such as a government department, local authority, NHS Trust, a regulatory body, or an organisation exercising public functions makes a decision they must act within the law and in compliance with legislation. Failure to do so could result in a judicial review claim being brought.
Social businesses sometimes find themselves in situations where they believe they have grounds to challenge the decision-making process used by a public body. While it is always best to try to reach a workable outcome through mediation, sometimes the process doesn’t bring the right result, and a judicial-review claim is necessary.
It is important that social businesses act quickly in bringing judicial-review claims, as they have to make within three months of the decision being made. A decision can only be challenged if made by a public body and the challenge questions the process used to reach the decision not the outcome of the decision.
Decisions by public bodies can be challenged on some grounds, including:
- The public body not having the power to make a particular decision or it has gone beyond its authority.
- The public body acting in an unreasonable or irrational manner.
- Decisions being made without carrying out consultation.
- The procedure followed by the public body is unfair or biased.
- The decision failing to comply with the public body’s statutory basis or its own internal rules.
- The decision taken is in breach of the Human Rights Act or European Community Law.
- The public body failing to comply with one of its legal duties, such as, the public sector equality duties.
Our judicial review service
At Anthony Collins Solicitors our judicial-review solicitors use their extensive sector knowledge to help social businesses bring judicial-review claims against public bodies such as local authorities or public-sector regulators. Our judicial-review services include:
- Advising organisations on whether they have grounds for bringing a judicial-review claim.
- Support organisations to bring a judicial review claim.
- Obtaining permission from the Court for an application to be made.
- Representation during judicial review court proceedings.
Our latest articles
The Employment Appeal Tribunal (EAT) has held in the case of G4S Cash Solutions (UK) Ltd v Powell that an employer was required, as...
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.