In carrying out their functions, public bodies must act in accordance with the law. This means that in reaching their decisions, public bodies must act according to public law principles. According to public law principles, public bodies must follow the proper procedure, act rationally and act within the limits of the power which has been given to them by Parliament in the laws that are passed.
Where a public body has not reached a decision according to public law principles then that decision may be unlawful. The way to challenge an unlawful decision by a public body is through a procedure known as judicial review.
A claim for judicial review is made in the High Court. The High Court looks at the way the decision has been made to determine whether it is unlawful or not.
If you think that a public body has made an unlawful decision it is important that you seek legal advice as soon as possible. There is a strict time limit of 3 months in which to bring a claim for judicial review. If the claim is not brought within 3 months then you will have to show the Court why you missed the deadline.
Our team of specialist lawyers has experience in advising and representing individuals in a broad range of public law matters. Some examples of these are:
- Department of Work and Pensions policies and practices regarding the award of benefits;
- Housing allocation schemes of local authorities;
- Planning and regeneration schemes of local areas without proper consultation of the local community;
- Decisions by the Home Office in relation to victims of human trafficking;
- Decisions by the Parole Board;
- Decisions by the police in relation to decisions both to prosecute and failure to prosecute or where the proper procedure in relation to arrest and caution has not been followed;
- Unlawful immigration detention
- Decisions or omissions by schools, universities or local authorities that adversely effect the education of children, young people and adults
We have a real passion for social justice and tenaciously defend our clients. This is reflected in our tireless efforts to achieve the best possible outcome for our clients who are often vulnerable.