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
Our experienced judicial review solicitors work with commercial businesses on all aspects of judicial review, including bringing challenges to decisions of public bodies.
Public bodies have a duty to act within the law and carry out their actions, such as decision making, in compliance with legislation. Failure to do so can result in their decisions being challenged. We understand that at times social businesses may need to challenge a decision made by a public body such as a government department, local authority, NHS Trust or a regulatory body, or an organisation exercising public functions.
For a social business to challenge a decision, it must have been made by a public body and be about the process used to make the decision not the outcome of the decision. While mediation should be used as the first step to resolving the dispute; sometimes it isn’t successful in achieving the right result and a judicial review claim is necessary, which must be brought within three months of the decision being made.
Decisions by public bodies can be challenged on some grounds, including:
- The public body not having the power to make a particular decision or it having gone beyond its authority.
- 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 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 team of judicial-review solicitors has extensive social-business sector knowledge to help social businesses bring judicial-review claims against public bodies such as local authorities or public-sector regulators. 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.
- Obtaining permission from the Court for an application to be made.
- Representation during judicial review court proceedings.
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!
The Covid-19 crisis has demonstrated that there is great resilience and innovation in the housing sector across Greater Manchester, it has also brought shortfalls and other priorities sharply into foc
For part 5 in this series of short podcasts, Chris Lloyd-Smith interviews associate Kadie Bennett on how she has been coping during these unprecedented times.
The first report of Donna Ockenden and her team into the review of maternity services at The Shrewsbury and Telford Hospital NHS Trust has been published today.
The Family Solutions Group (FSG) recommends a shift away from adversarial family proceedings, to a child-centred, holistic approach to family separation.
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.