The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
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.
Heads up the dispute resolution team.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
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The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
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