This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
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.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
On 11 February 2021, the Pension Schemes Act 2021 was given royal assent, setting out a framework for several major changes that will certainly be of interest to employers and pension funds alike.
Matthew Wort, partner, speaks on today’s Supreme Court judgment for sleep-in shifts.
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