Judicial Review

Judicial review is a form of court proceedings where a judge will look at the lawfulness of a public bodies action or decision. It can only be accessed if there is no other adequate way of challenging a decision. Sometimes it may be more appropriate to engage in the local authority’s complaint procedure or complain to the Local Government Ombudsman than to bring a judicial review.

It does not involve the court deciding whether public body has made a right or wrong decision but rather that they have implemented the correct decision making process.

A judicial review can be brought for the following reasons:

  1. Illegality. This can include:
    – where a person does not have the power to make a decision, or uses the power in an inappropriate way
    – error of law or fact
    – relevant and irrelevant considerations
    – fettering discretion
  2. Irrationality
  3. Procedural Impropriety, which can include failure to follow statutory procedures, bias and failure to provide reasons for a decision.

If you wish to make a claim for judicial review you have 3 months from the date of the decision to issue the claim.