When a public body such as a government department, local authority, NHS Trust, a regulatory body, or an organisation exercising public functions makes a decision they must act within the law and in compliance with legislation. Failure to do so could result in a judicial review claim being brought.
Social businesses sometimes find themselves in situations where they believe they have grounds to challenge the decision-making process used by a public body. While it is always best to try to reach a workable outcome through mediation, sometimes the process doesn’t bring the right result, and a judicial-review claim is necessary.
It is important that social businesses act quickly in bringing judicial-review claims, as they have to make within three months of the decision being made. A decision can only be challenged if made by a public body and the challenge questions the process used to reach the decision not the outcome of the decision.
Decisions by public bodies can be challenged on some grounds, including:
At Anthony Collins Solicitors our judicial-review solicitors use their extensive 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:
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