Judicial review is where the courts apply the law to actions and decisions made by public bodies, and determine whether they are acting lawfully or not.
A public body would be acting unlawfully if its decisions are illegal, irrational or unfair. Judicial review is the only way to resolve care-related issues in court.
Judicial review can look into whether the correct procedure has been followed to reach a decision. It can then change a decision if it decides that it was wrong. However, judicial review cannot be used simply to appeal against a decision.
A case appropriate for judicial review has to be brought to court within three months of:
- the event that you are complaining about happening
- a decision being made about your complaint.
Therefore, as soon as it is decided that judicial review is the suitable way of resolving an issue, apply for the review through a solicitor.
Does the judicial review process have a cost?
The general rule of legal costs is that the side that loses the claim must pay both their own and the winning sides costs. The charges will depend on how far the case has progressed.
A letter before action from a solicitor can sometimes encourage the public body to put matters right. This could save money and time.
If you are considering judicial review, you may be eligible for legal aid. Legal aid is funding from the Government to help people access the courts and resolve disputes. Legal aid helps with the costs of legal advice and representation. Eligibility will depend on the type of problem, your income and capital (savings, properties etc), and whether there is a possibility of you winning the case.