Commercial and local authority landlords could benefit from urgently reviewing their legal options.
Our experienced judicial review solicitors work with commercial businesses on all aspects of judicial review, including bringing challenges to decisions of public bodies.
Public bodies have a duty to act within the law and carry out their actions, such as decision making, in compliance with legislation. Failure to do so can result in their decisions being challenged. We understand that at times social businesses may need to challenge a decision made by a public body such as a government department, local authority, NHS Trust or a regulatory body, or an organisation exercising public functions.
For a social business to challenge a decision, it must have been made by a public body and be about the process used to make the decision not the outcome of the decision. While mediation should be used as the first step to resolving the dispute; sometimes it isn’t successful in achieving the right result and a judicial review claim is necessary, which must be brought within three months of the decision being made.
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 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 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 specialist team of judicial-review solicitors has extensive social-business 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.
- 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.
Ramjeet is currently on maternity leave.
The Cabinet Office has published guidance asking for people to act responsibly, fairly and “in the national interest”.
To help our charity clients look to the future, we summarise key guidance and updates over the last week.
On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
Many housing providers are now re-thinking about gathering information to complete their data return to the Regulator of Social Housing, with the initial exercise having been delayed by Covid-19.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
The Court of Appeal judgement in Booth and another v R  EWCA Crim 575 will be welcome news for local authority prosecutors and their investigation teams.
The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 came into force on 4 April.
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