The Lifeline Project was a well-regarded charity. Failure to carry out the targets within the contracts led the charity into insolvency and resulted in a personal, 7-year disqualification order.
Our experienced team of judicial-review solicitors can advise and support organisations with all aspects of judicial review, including bringing challenges to decisions of public bodies.
We use our extensive legal and health and social care sector knowledge to work in partnership with organisations who wish to challenge a decision of a public body. Whilst it is always best to try and resolve the dispute by negotiation through mediation or other alternatives to court proceedings, it is vital to obtain prompt advice, as a claim for judicial review has to be issued within three months of the decision being challenged. In order to challenge a decision legally, it must have been made by a public body such as a government department, local authority, NHS trust or a regulatory body. Public bodies must act within the law and carry out their decisions rationally and in compliance with proper process and legislation. Failure to do so could lead to a judicial review claim being issued.
Judicial reviews can only be initiated when the decision is unlawful, for example when reached by an improper process, not simply because it is thought to be wrong. The key issue is the process by which a decision has been, made not the outcome of the decision. Decisions by public bodies can be challenged on a number of grounds, including:
- The public body not having the power to make a particular decision or it having gone beyond its authority in making the decision.
- The public body acting in an unreasonable or irrational manner.
- Decisions having been 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 specialist judicial-review team use their extensive sector knowledge to help health and social care providers bring judicial review claims against public bodies such as local authorities and regulatory bodies. Our judicial review services include:
- Advising organisations on whether they have grounds for bringing a judicial review claim.
- Supporting organisations to bring a judicial-review claim by preparing the court documents and advising on evidence gathering.
- Obtaining permission from the Court for an application to be made.
- Representation during judicial-review court proceedings.
A pragmatic and efficient solicitor ensuring clients receive effective resolutions.
On 23 July, trainees from Anthony Collins Solicitors will host an ‘experience day’, which will involve various activities and presentations, with lawyers and non-lawyers from across the firm.
The Office of the Immigration Services Commissioner (OISC) has launched a new scheme specifically for charities and not-for-profit organisations who want to advise EU citizens on UK settlement.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
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.