Over the past two years, we have seen an increasing number of GDPR claims being made alleging that an individual’s data protection rights have been breached.
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.
Anthony Collins Solicitors are delighted to announce that they have been ranked as a Band 1 firm in Chambers and Partners 2022.
Alice Kinder, pensions and employment solicitor takes on the role in representing and supporting more than 5,500 legal professionals located across Birmingham and the Greater Midlands.
Our annual virtual employment law update catches up on the cases, legislation and changes over the last 12 months.
Anthony Collins Solicitors are presenting a series of podcasts with employees to raise awareness about disabilities around the firm.
Answering key questions about the details and practicalities of mandatory vaccinations in care home settings.
Anthony Collins Solicitors (ACS) has appointed a new partner to its market-leading social housing property team.
On 7 September 2021, the Regulator of Social Housing (RSH) published its annual consumer review.
From today (1 October 2021) there is yet more change on the possession front!
We are delighted to secure our position as a top-tier firm in five of our practice areas in the Legal 500 2022 edition.
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