Judicial Review Overview

Definition and Purpose

  • 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).