Judicial review

You must start the process within three months of the decision being made, and you must get permission from the court before going ahead. Planning cases must be made within six weeks of the decision being made. Claims must also be ‘prompt’ – the court can throw them out even if they’re within the time limit if there are “unnecessary” delays. Having legal support can be crucial in working within the court’s exacting requirements.

Anyone can make a judicial review claim, including:

• Individuals
• Businesses
• Charities
• NGOs
• Campaign groups

You can make a claim even if you are the only person affected. You (or your organisation) can also claim on behalf of someone else, even if you haven’t been affected yourself (most relevant for decisions affecting children and adults without the mental capacity to make a claim themselves).

There are a variety of funding options for judicial review cases:

Legal Aid is available for people claiming means-tested benefits whose case has a reasonable chance of success. Check if you quality for legal aid.

No Win No Fee agreements are available for some cases

Protective Costs Orders (PCOs) protect you from having to pay the defendant’s costs if you are unsuccessful. These are available when the court judges it to be in the public interest for a decision to be challenged at judicial review. Without a PCO, or Legal Aid costs protection, if your claim is unsuccessful, you will be liable for defendant’s costs in full, as well as your own. This can be upwards of £30,000 and significantly more in complex cases. However, a PCO can help limit this exposure.

Before going ahead with a judicial review claim, we will also explore all possible alternative remedies that may be able to minimise costs, such as mediation, Ombudsman appeals, and complaints procedures. We advise all our clients about potential costs and funding opportunities up front so if you’re worried about the cost, please contact us to discuss your options.

Public bodies can only do what they are empowered to do by law. The law sets the limits of what each body can do and also sets out duties that they must comply with when taking action or making decisions. A decision is unlawful and can be challenged at judicial review if it falls outside a body’s legal limits or fails to abide by its duties. Decisions can be challenged if:

• The public body does not have the power to make a certain decision
• The public body uses a power incorrectly or misinterprets the law involved with a decision
• The decision-making process was unfair or the decision was irrational
• The decision breaches European law, the Human Rights Act or equality legislation
• If you have been affected by a public body decision that seems unfair, contact us to find out if it is suitable for a judicial review claim.

Judicial review is available to challenge decisions made by public bodies that fall outside of their legally defined powers or which do not comply with the established principles of lawful decision making. We can help you challenge decisions made by:

• Government departments
• The NHS and local health authorities
• Magistrates, coroners and county courts
• Local councils (including social services departments)
• Prisons and police forces
• Schools and school governing bodies
• Regulatory and supervisory bodies
• Planning authorities

You can't simply challenge a decision because you disagree with it - it must be shown that a public body made the decision unlawfully. We understand that proving that a public body has broken the law can be a daunting prospect but our expert judicial review lawyers will help you put together the strongest case for your claim. We have a long history of success at judicial review, such as when we helped the families of two severely disabled children challenge cuts to short breaks services.