Judicial review

Our experienced judicial-review team provides advice and support to social enterprises on all aspects of judicial review, including bringing challenges to decisions of public bodies.

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:

• The public body not having the power to make a particular decision or it has 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 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:

• Advising organisations on whether they have grounds for bringing a judicial-review claim.
• Support organisations to bring a judicial review claim.
• Obtaining permission from the Court for an application to be made.
• Representation during judicial review court proceedings.