Residents are now unable to make applications to prohibit landlords from seeking to recover the cost of legal proceedings through the service charge on behalf of other residents, without consent.
Our experienced judicial-review team works with community organisations on all aspects of judicial review, including bringing challenges to decisions of public bodies.
At Anthony Collins Solicitors, we know that at times circumstances arise where a social businesses may need to challenge a decision made by a public body. Whilst it is always best to try alternatives to court proceedings first, such as mediation, sometimes these methods are unsuccessful and a judicial review claim is necessary.
A judicial review claim must be brought within three months of the decision being made by the public body and challenge the process in which the decision was reached, not the outcome of the decision. If it is felt that a public body has not acted in compliance with legislation, a judicial-review claim could be brought.
For a social business 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, or an organisation exercising public functions. 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.
- 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 experienced team of judicial-review solicitors have extensive experience in helping 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.
A pragmatic and efficient solicitor ensuring clients receive effective resolutions.
Natalie Barbosa summarises some of the legal challenges facing fundraisers in the charity sector.
We hosted a breakfast roundtable with Insider Midlands magazine that had attendees from a range of organisations addressing housing needs in the Midlands. The discussion explored JVs in more detail.
The decision of the Court of Appeal in The Harpur Trust v Brazel & Unison has made clear that employers can no longer legally calculate part-time holiday based on 12.07% of hours worked over a year.
Social landlords are seeing a rising number of Equality Act defences to possession proceedings. A recent Court of Appeal decision helps shift the likelihood of such defences succeeding.
On 31 July, the consultation period ended on MHCLG’s proposals for reforming the building safety regulatory system set out in the 'Building a Safer Future' document. We have submitted our response.
For decades now, fewer and fewer services provided by local authorities have been delivered directly by them. However, over the last couple of years, there are signs that this tide is changing.
The Government commissioned an independent review of the Modern Slavery Act 2015 in July 2018. The outcome was published in May 2019 which highlighted areas for improvement.
In 2017, the NCVO commissioned a review of the tax reliefs available to charities. The brainchild of this review was published on 17 July 2019 in the form of the Charity Tax Commission report.
In 2014, the Charity Commission released its first guidance for charities on reporting serious incidents. The Commission has recently updated this guidance.
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