A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
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.
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
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.