Aside from the COVID-19 pandemic, a key theme of 2020 has been diversity and inclusivity. This two-part update addresses this theme in detail
Our experienced solicitors provide advice and support to co-operatives and mutuals on all aspects of judicial review, including bringing challenges to decisions of public bodies.
We understand that at times co-operatives and mutuals may need to challenge decisions made by public bodies and whilst it is always best to attempt to resolve the dispute through mediation or other alternatives to court proceedings, it may not always be possible. If mediation hasn’t been successful you may want to consider starting the process of bringing a judicial-review claim, which has to be done within three months of the decision being made.
For a co-operative or mutual to legally challenge a decision, it needs to have been made by a public body such as a government department, local authority, NHS Trust or a regulatory body, or an organisation exercising public functions. Public bodies must make decisions within the law and carry out their actions in compliance with legislation, failure to do so could lead to a judicial-review claim.
When a social business brings a judicial review against a public body it challenges the process used to make the decision, not the outcome of the decision. Judicial-review claims can be brought against public bodies on a number of grounds, including:
- The public body having the power to make a particular decision or having gone beyond its authority.
- The public body acting in an unreasonable or irrational manner.
- Decisions being 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 solicitors use their extensive sector knowledge to help co-operatives and mutuals bring judicial-review claims against public bodies such as local authorities or public-sector regulators. Our 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.
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
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
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.