We use our extensive legal and housing sector knowledge to work in partnership with organisations who wish to challenge a decision of a public body. While 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. 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 processes and legislation. Failure to do so could lead to a judicial review claim being issued.
Judicial review 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:
At Anthony Collins Solicitors, our team of litigators use their extensive sector knowledge to help social housing providers bring judicial review claims against public bodies such as local authorities and regulatory bodies. Our judicial review services include:
I was really pleased with the service that Anthony Collins Solicitors provided in this case. Helen Tucker was able to understand the various aspects to this complex case and provide technical and pragmatic advice accordingly. There were some unexpected turns in this case and Helen was able to manage changing priorities and instructions in her stride. Her successful defence of this case was hugely valuable to Viridian Housing in helping us to achieve our strategic priorities while ensuring that a vulnerable resident continued to receive appropriate care services.Matt Campion, Director of Social Impact, Viridian Housing.
Such freedoms will allow HAs greater flexibility over how they use their assets and, potentially, how they structure their businesses. Our expert panel gathered to discuss the possible opportunities the deregulatory measures offer, together with the likely hurdles. Read the outcome of their discussion here.
Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
Delayed since Spring 2020 as the Government tackled the Covid-19 crisis, Tuesday 17 November saw the publication of the Social Housing White Paper, setting out the future regulation of the sector
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
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