Public Law
Public Law concerns challenges to unlawful acts by public bodies – including local authorities, government departments and NHS bodies. Public bodies must correctly understand and apply the law that regulates their decision making powers. An action or decision may be unlawful if the decision maker had no power to make it or exceeded the powers given to it. Illegal activity includes refusing to act, misuse of discretion, taking irrelevant factors into account, failing to take into account the Human Rights Act 1998. Judicial Review is a form of court proceedings where a judge reviews the lawfulness of the decision of a public body. The court does not decide if a decision is right or wrong only if it has been arrived at lawfully. Even if an order is made it does not prevent the public body from making the same decision again, only lawfully.
Judicial review is only appropriate where there is no other remedy (e.g. right of appeal, complaints procedure and ombudsman) available. Often other remedies are more appropriate.
A judge has power to overturn an order, prevent a public body from taking a decision or action which is unlawful, declare what the law is, grant an injunction or award damages. Orders are made at the discretion of the court so there is no right to a remedy even if the public body has acted unlawfully.
Claims for judicial review have to be brought within 3 months of the event complained of so it is essential, if you wish to apply for judicial review, to act promptly.
All claims for judicial review are heard by the Administrative Court in London and are made in two stages. In the first stage the permission of the court has to be obtained to agree that the complaint can go forward to a full hearing. There is then the full hearing.
Laurence Scott has been involved in many applications for judicial review before the Administrative Court and can guide you through the process.