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.

Call us on 0800 028 1943 to find out more about how we can help.

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.

Claims for judicial review require permission from the court before going ahead. Claims must be made within certain time limits in order to get this permission.

Most cases must be made within three months of the challenged decision being made. Planning cases must be made within the stricter time limit of six weeks from the date of the decision.

However, there is an extra requirement that claims must also be ‘prompt’. The court can throw cases out even if they are within the correct time limit if it views them as having been unnecessarily delayed.

It is important to start proceedings as early as possible to meet this promptness requirement but also to ensure that we can provide the best case possible within the time constraints. Get in touch with our team today to find out how we can help.

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.

The Public Law & Human Rights team at Irwin Mitchell has a vast array of experience protecting your rights. Our solicitors have taken a number of cases all the way to the Supreme Court - the highest court in the land.

We have judicial review lawyers working across the country so wherever you are in the UK, we’ll have experienced experts on hand to help. We understand that time is of the essence with judicial review cases and work tirelessly to ensure the very best resolution for each individual situation as quickly as possible.

Meet our Judicial Review lawyers