Judicial review examines whether a public decision was made lawfully and fairly. It is not a general appeal on the merits, and strict timing and procedural requirements mean that early specialist advice is essential.
Key points
What to know at a glance
- Identify the exact decision and date
- Act promptly even if a complaint is ongoing
- Preserve reasons, policies and correspondence
- Consider alternative remedies
- Understand that the usual remedy is lawful reconsideration
What judicial review examines
The court may consider whether the decision-maker had legal power, followed fair procedure, applied the correct test, considered relevant matters and reached a decision open to it in law. The exact grounds depend on the statutory framework and reasons given.
Who may be challenged
Potential respondents include departments, police, prisons, probation bodies, parole decision-makers, health trusts, councils and other public authorities. Some private bodies exercising public functions may also be reviewable. The correct respondent and challenged decision must be identified precisely.
Alternatives and standing
The applicant generally needs a sufficient interest and may need to use an adequate alternative remedy, such as an appeal or complaint, first. Whether an alternative is genuinely effective depends on urgency, subject matter and the remedy required.
Promptness and pre-action correspondence
Proceedings must be brought promptly and within the applicable long-stop period. Waiting for a complaint response does not always stop time. A pre-action letter normally identifies the decision, facts, legal errors, documents sought and remedy, but urgent protective proceedings may still be necessary.
Evidence and disclosure
The case is usually decided on affidavits, documents and legal submissions. Obtain the decision, reasons, policy, correspondence, chronology and relevant records. Public authorities have duties of candour, but the applicant must still present a coherent evidential case.
Possible remedies
The court may quash a decision, declare the legal position, prohibit action or require a lawful reconsideration. A successful case does not always produce the substantive outcome sought; often it returns the issue for a fresh decision under the correct process.
Common questions
Frequently asked questions
Is judicial review an appeal?+
No. It focuses on lawfulness and procedure rather than simply whether the court would make a different decision.
Can damages be awarded?+
Not ordinarily as a standalone judicial-review remedy. Damages require an established legal basis.
How quickly must I act?+
Promptly. The precise limit depends on the case and delay can defeat an application.
Can urgent relief be sought?+
Potentially, where action is imminent and the legal tests are met. Immediate advice is required.
Primary legal sources
Legislation and official guidance
These sources are provided for transparency. Legislation may be amended or commenced in stages, and reading the statutory text is not a substitute for advice.