Has A Decision Made By A Public Body Adversely Impacted On You, Your Family Or Your Community? How To Mount A Challenge

Published date18 November 2020
Subject MatterFamily and Matrimonial, Wills/ Intestacy/ Estate Planning
Law FirmGiambrone & Partners
AuthorFernanda Stefani

Public authorities make decisions that have an impact on the public almost on a daily basis, none more so than at the present time in response to the coronavirus pandemic. Organisations such as a local authority, the NHS, the Home Office or Government Legal Service are obliged to act lawfully and the courts have a supervisory role with regard to such proceedings to ensure that the decision-maker adheres to their legal responsibilities.

The decisions made by such authorities can be challenged by means of a judicial review which challenges the lawfulness of the decision that has been made. The court in which the challenge can be made depends on the nature of the decision. Proceedings can be brought before the Planning Court or the Administrative Court, which is a specialist court within the Queen's Bench Division of the High Court of Justice.

Fernanda Stefani, a highly experienced administrative lawyer, commented "a public body must be seen to be impartial when making decisions and they must act fairly. There can be no personal or financial interest connected to the outcome of a decision." She further commented, "it may seem a daunting undertaking to confront an Authority over a decision that has been made but anyone with valid grounds has the right to pursue a Judicial Review in order to right a perceived wrong perpetrated by such an organisation."

As the name suggests the Planning Court carries out judicial reviews of decisions made by planning authorities, including appeals and applications relating to:

  • Planning permission
  • Development consent
  • Compulsory Purchase orders
  • Highways and other Rights of Way
  • Decisions under EU environmental legislation

The Administrative Court on the other hand can assist you by carrying out a review of decisions made by other courts, tribunals and public bodies or bodies exercising the function of public bodies. Cases may be heard by one High Court judge or by a 'Divisional Court' which consists of two or more judges, normally a High Court Judge and a Lord Justice of Appeal.

You can bring applications such as:

  • Judicial review of applications to prevent a vexatious litigant - someone who continues to initiate groundless legal proceeding - from continuing to do so without first obtaining permission from a court.
  • Applications under the Coroners Court Act 1998 relating to the appointment and conduct of coroners.
  • Applications for an order to imprison a person for contempt of court.
  • Appeals under the Extradition Act 2003 -...

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