Judicial Review

Judicial Review is way in which a person can challenge the unlawful acts/inactions or decisions made by a public body. This process looks to review whether a public body has acted lawfully in line with the relevant procedures and legalisation.

How can I bring a claim for Judicial Review?

Judicial Review claims must be brought swiftly and no later than 3 months of the decision, act or inaction. There are two stages to the Judicial Review process which include:

• Permission stage: an application needs to be submitted with the court setting out the facts of the case, the legal grounds and supportive documentation.

Once the Judge is in receipt of the claim and response from the public body, the will decide whether permission will be given for the case to proceed to a full hearing.

• Final hearing: if permission is granted, the claim will proceed to a final hearing. The judge may set down their judgement during the hearing or ‘reserve’ judgement which may be provided at a later date.

Education – Judicial Review

Examples of education related Judicial Review claims include:

Should I instruct a solicitor?

Judicial Review claims can often be complex, time-sensitive and expensive. It is essential to put forward a strong and evidenced case as you risk the claim failing at the permission stage if a mistake is made.