The Prime Minister announced on Tuesday 22 September a new range of restrictions to protect us from the Covid crisis, some of which will apply to charities.
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.
Ramjeet is currently on maternity leave.
Following the end of the possession stay on 21 September, Helen Tucker & Rebecca Sembuuze from our housing litigation team discuss the most recent guidance, priority cases and what to expect in court.
Covid-19 has resulted, on the whole, in a marked co-operation between contracting authorities and their suppliers as everybody focuses on maintaining delivery as far as possible.
Employment Tribunal rules in favour of claimants in minimum wage case – has the interpretation of “working time” changed?
As we enter a recession, we have been here before, and a key question is what did we learn and how can we benefit from that learning?
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
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).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
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