Judicial Review - Factsheet 26

Definition:

• Judicial review is a legal procedure allowing individuals to challenge the policy, decision, action, or inaction of public bodies.
• Applicable to government departments, local authorities, CCGs, NHS Trusts, etc.

Grounds for Judicial Review

1. Irrationality/Unreasonableness:

   • Outrageous or absurd decisions no reasonable body could make.
   • Failure to ask the right questions or consider relevant information.

2. Illegality:

   • Acting beyond legal powers (ultra vires).
   • Breach of statutory requirements (e.g., Children and Families Act 2014).
   • Unlawful fettering of discretion.
   • Error of law.
   • Failure to provide reasons for decisions.

3. Procedural Impropriety:

   • Not following natural justice or procedural fairness.
   • Includes issues like bias, fairness, legitimate expectation, and consultation duties.

4. Breach of Human Rights:

   • Rights under the European Convention on Human Rights must be respected.

Judicial Review Process

• Heard in the Administrative Court.
• Can be appealed to the Court of Appeal and the Supreme Court.

Remedies Available

• Mandatory Order: Require a public body to act.
• Prohibiting Order: Prevent a public body from acting.
• Quashing Order: Nullify a public body's decision.
• Declaration: Statement on the law and errors made by the public body.
• Interim Relief: Temporary orders pending a final decision.

Types of Decisions Challenged

• Non-provision of required services in an EHC Plan.
• Rationality and lawfulness of social care and health sections in plans.
• Non-compliance with duties under the Local Offer.
• Refusal of personal budgets or direct payments.
• Unlawful policy or eligibility criteria.

Procedure and Time-limits

• Pre-action protocol: 14 days for response after a letter before claim.
• Obtain court permission to bring a claim.
• Must be filed promptly, within 3 months of the decision.
• Consider alternative remedies first (complaints, Tribunal appeals).

Legal Aid

• Available subject to means and merits tests; further details in another factsheet.