Judicial review is a court proceeding where a judge reviews the lawfulness of a decision or action made by a public body.
It challenges the way a decision was made, rather than the rights and wrongs of the conclusion reached.
The court does not concern itself with whether the conclusion was 'right', provided correct procedures were followed, and will not substitute its own decision.
A public body may reach the same decision again, provided it does so in a lawful manner.
For arguments that a decision was incorrect, alternative remedies exist, such as appealing to a higher court.
Scope of Decisions
Local authority decisions on providing welfare benefits and special education for children in need.
Certain decisions of immigration authorities and the Immigration and Asylum Chamber.
Decisions made by regulatory bodies.
Decisions relating to prisoner's rights.
Legal Guidance
Legal guidance on bringing a judicial review case in the Administrative Court is available in the Administrative Court Judicial Review Guide 2024(pdf).