This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
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.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
On 11 February 2021, the Pension Schemes Act 2021 was given royal assent, setting out a framework for several major changes that will certainly be of interest to employers and pension funds alike.
Matthew Wort, partner, speaks on today’s Supreme Court judgment for sleep-in shifts.
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.