Judicial Review – challenging public bodies

Helping you challenge the decisions, policies or actions of a public body in court

• If you are concerned about the lawfulness of a decision made by a public body, then you can apply for a Judicial Review
• Judicial Review is the procedure by which you can challenge the decisions, policies or actions of a public body in court
• However, it is not an appeals process and cannot be used to challenge a decision that you simply do not agree with
• Judicial Reviews have strict time limits and procedural requirements which demand real expertise, which is where we can provide support and guidance for you

When can you challenge a decision?

A public body must act lawfully, fairly and reasonably. If it does not and abuses its powers or acts unreasonably then the Court can be invited to intervene. If you believe that a public body has abused its powers or acted unreasonably, you can challenge on any of the following grounds:

• Irrationality / unreasonableness
• Illegality
• Procedural unfairness
• Breach of human rights

If you apply for a Judicial Review, the court will consider the validity of the public body’s decision and decision-making process and not the actual result.

Court proceedings can result in payment of damages. They also offer a number of other solutions. A Judicial Review can result in a public body being required to stop doing something, or it could result in a public body being required to take certain steps. A Judicial Review can also make a declaration setting out the legal position or rights of the parties involved.

If you are seeking to challenge the lawfulness of a decision it is essential to seek expert advice as soon as possible as a Judicial Review has strict time limits and procedural requirements that demand real expertise.

Supporting you in intervening with public bodies

We understand that if you believe a public body is acting unlawfully, unfairly or unreasonably, it can be an overwhelming situation that you may not know how to deal with. Our team of lawyers are experts in helping you challenge the decisions, policies or actions of public bodies in court where appropriate, providing you with guidance and support throughout the entire process.

We have offices in Southampton, London, Woking, Richmond, Lymington and Guildford and operate nationally, helping families right across the country. Get in touch for more information.