Anaya Nolan
Judicial review is a legal challenge that can be brought against a public authority in the UK. It involves asking a judge to examine the lawfulness of a decision, action, or inaction made by a public body. This can include decisions made by a magistrate's court or the police. To bring a judicial review, you must demonstrate 'sufficient interest', meaning that the decision personally affects you, your community, or the wider public. It should be noted that judicial review is a last resort and must be applied for promptly, within three months of the decision being challenged.
| Characteristics | Values |
|---|---|
| Type of legal challenge | Judicial review |
| Who can bring a challenge? | Individuals or organisations with ''sufficient interest' |
| What can be challenged? | Decisions, actions or inactions of public authorities |
| Time limit | Within 3 months of the decision, action or inaction being challenged |
| Permission | Required from the Court before a judicial review can be conducted |
| Grounds for challenge | - The public authority did not have the power to make the decision. |
| - The public authority made the decision by considering irrelevant information or restricting themselves through a rigid policy without considering all relevant factors. | |
| - The decision is so unreasonable that no reasonable public authority would have made it. | |
| - The public body did not follow fair procedures in making the decision. | |
| - The decision breaches human rights law. | |
| Outcome | The judge will usually "quash" or "nullify" the original decision, requiring the public authority to make the decision again, this time following the right process. |
| Other options | - Scottish courts can 'strike down' a law that is incompatible with human rights. |
| - If all UK options have been exhausted, the case can be taken to the European Court of Human Rights. |
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What You'll Learn
Judicial review
To bring a judicial review, you must demonstrate 'sufficient interest' in the matter. This can be shown through a direct or personal interest in the matter being challenged or a public interest in the legality of the decision. An organisation may bring a judicial review if it has sufficient interest in a decision of wider public importance. Judicial review is typically a last resort, used only after other avenues for resolving the issue have been explored.
There are various grounds on which a judicial review can be sought. These include:
- Illegality: When a decision-maker breaches a legal requirement, misdirects themselves in law, exercises a power wrongly, or attempts to exercise a power they do not have (known as acting 'ultra vires').
- Irrationality: A decision may be challenged if it is so unreasonable that no reasonable authority would have made it.
- Procedural impropriety: This includes failing to follow proper procedures or taking into account irrelevant considerations when making a decision.
The process of bringing a judicial review claim is streamlined. Firstly, permission must be obtained from the Court before a review can be fully considered. There are time limits for bringing a claim, typically within three months of the decision, action, or inaction being challenged. Some types of reviews, such as planning decisions, may have shorter time frames, sometimes as short as six weeks.
If a judicial review is successful, there are various remedies available, including:
- Quashing order: The decision is rendered legally ineffective, with any prior action based on that decision becoming invalid.
- Prohibiting order: Restraining the public body from taking a certain action.
- Mandatory order: Requiring the public body to take a specific action.
- Declaration as to the state of the law: Clarifying the legal position without requiring any action from the public body.
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Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament in the UK that received royal assent on 9 November 1998 and came into force on 2 October 2000. The Act incorporates the rights outlined in the European Convention on Human Rights into UK law, making these rights enforceable in UK courts. It places a duty on UK courts and tribunals to interpret legislation in a way that is compatible with the Convention rights, unless there is no other choice due to conflicting primary legislation.
The Act specifically applies to public authorities, who must respect and protect the human rights outlined in the Act when making decisions about individuals. These rights include the right to life, freedom from discrimination, and the right to effective remedy in the event of a breach of rights. If a public authority breaches an individual's human rights, they may be able to take legal action in the courts or complain to the public authority.
It is important to note that the Human Rights Act 1998 has faced criticism, particularly around the challenges of controlling illegal migration and deporting foreign criminals. Critics argue that it benefits undeserving individuals at the expense of society. However, the Act has also been defended as a way to hold public authorities accountable and protect the rights of everyone in the UK, regardless of their citizenship status.
If you believe that a public authority has breached your human rights under the Human Rights Act 1998, you can explore options such as judicial review, where a judge will review the lawfulness of the public authority's decision or inaction. It is recommended to seek legal advice and act within the time limits for bringing a judicial review, which is typically within three months of the decision or inaction.
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Public authority decisions
Public authorities have a legal duty to respect, protect and fulfil human rights in their decision-making. If they do not, their decisions can be challenged through a judicial review. A judicial review is a type of legal challenge that can be brought against a public authority's decision, action or inaction. It is a formal legal process where a judge can examine the decision being challenged and consider whether the law has been followed correctly by the public body in making that decision.
To bring a judicial review, you must show that you have 'sufficient interest' in what the public authority has done or hasn't done. This normally means that the decision has personally affected you or your community. Organisations may also be able to bring a judicial review if a decision has wider public importance.
There are several grounds on which a judicial review can be brought. The lawfulness of a decision can be challenged if:
- The public authority did not have the power to make the decision, or if they did, they made it by considering irrelevant information or didn't take into account all relevant factors.
- The decision is 'irrational', meaning it was so unreasonable that no reasonable public authority would have made it.
- The public body did not follow fair procedures in making the decision.
- The decision breaches human rights law.
Judicial reviews must be brought promptly, and no later than three months after the decision, action or inaction that is being challenged. Some types of reviews, such as planning decisions, must be brought sooner (e.g. within 6 weeks). Before bringing a judicial review, you must apply for permission from the Court, and it is recommended that you seek independent legal advice.
At the end of a judicial review case, if the person's case is successful, the judge will usually 'quash' or 'nullify' the original decision, meaning the decision needs to be made again. The judge does not replace the original decision with their own, but the public authority must make the decision again, following the right process.
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Time limits
When challenging a law in the UK, it is crucial to be aware of the time limits for bringing a legal claim, as there is an ultimate deadline by which a claim must be made before it is time-barred. These time limits vary depending on the type of claim and the court action taken. Here are some key points to consider:
Judicial Review:
Judicial review is a type of legal challenge that can be brought against a public authority to review the lawfulness of their decision, action, or inaction. The time limit for initiating a judicial review is typically within three months of the decision, action, or inaction you want to challenge. However, some types of judicial reviews have shorter time limits, such as six weeks for planning decisions. It is important to note that even if your application is submitted within the three-month timeframe, the court may still reject it if it could have been brought sooner.
Discrimination Claims:
If you have experienced unlawful discrimination, you can take action under the Equality Act 2010. The time limit for making a discrimination claim in court is generally six months less one day from when the discrimination occurred. If the discrimination took place in the workplace, the time limit is three months less one day. It is important to accurately determine when the discrimination occurred, as the time limit may start running from that date.
Human Rights Act Claims:
If a public authority breaches your human rights, you may be able to take action under the Human Rights Act in the UK courts. The time limit for making an application to the court is typically within one year of the act you are complaining about. However, there may be stricter time limits depending on the specific court action taken.
Contesting a Will:
The time limit for contesting a will depends on the specific circumstances. In most cases, the time limit is six months from the date of issue of the grant of probate or grant of letters of administration. However, there are exceptions, such as in cases of fraud, where there may be no time limit for a beneficiary to bring a claim against an estate.
Other Time Limits:
Other specific areas may have different time limits. For example, claims based on negligence have a time limit of six years from the date the claimant suffered a financial loss. Penalty notices, such as those from HMRC, typically have a time limit of 30 days from the date of the penalty notice.
It is important to note that these time limits can be complex and may vary depending on the specific circumstances of each case. Seeking legal advice from a qualified lawyer or adviser is always recommended to ensure compliance with applicable time limits.
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Legal advice
Judicial review is a type of legal challenge that can be brought against a public body or authority. It is a formal legal process where a judge examines the decision being challenged and considers whether the law has been followed correctly by the public body in making that decision. It is important to note that judicial review is not an appeal, and should not be used if one simply disagrees with a decision. Instead, it is used to challenge the lawfulness of a decision, action or inaction.
To bring a judicial review, you must show that you have a ''sufficient interest'' in what the public authority has done or not done. This normally means that the decision has personally affected you or your community. An organisation may also bring a judicial review if a decision has wider public importance.
There are several grounds on which a judicial review can be brought. These include:
- The public authority did not have the power to make the decision, or they made it by considering irrelevant information.
- The decision is so unreasonable that no reasonable public authority would have made it (known as Wednesbury unreasonableness).
- The public body did not follow fair procedures in making the decision.
- The decision breaches human rights law.
It is important to act promptly when considering a judicial review, as there are time limits involved. In most cases, a judicial review must be brought within three months of the decision, action or inaction being challenged. For some types of decisions, such as planning decisions, the review must be brought within six weeks.
Before bringing a judicial review, it is recommended to seek independent legal advice and explore other ways of resolving the issue, including any available appeals and complaints procedures. If you are unable to resolve the issue through these means, you can apply for permission from the Court to bring a judicial review. A lawyer will be able to advise you on the strength of your case and guide you through the process.
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Frequently asked questions
Judicial review is a type of legal challenge that you can bring against a public authority. It involves asking a judge to examine the lawfulness of a decision, action, or inaction made by a public body. The judge will consider whether the law has been followed correctly but will not change the decision unless the public body has acted unlawfully.
You must bring a judicial review within three months of the decision, action, or inaction you want to challenge. In some cases, such as planning decisions, you may need to bring a judicial review within six weeks. It is important to act promptly, as the court may reject your application even if it is within the time limit if they believe it could have been brought sooner.
The lawfulness of a decision can be challenged for several reasons, including:
- The public authority did not have the power to make the decision or made it by considering irrelevant information.
- The decision is so unreasonable that no reasonable public authority would have made it (known as Wednesbury unreasonableness).
- The public body did not follow fair procedures or breached human rights law in making the decision.
You must apply for permission from the Court to bring a judicial review. It is recommended that you seek independent legal advice and explore other ways of resolving the issue before applying. You can find information on getting legal advice from organisations such as Liberty and the British Institute of Human Rights.
