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My Power: Hold Power to Account

Judicial Review: Challenge the State

When the government, your council, or a public body makes an unlawful decision, Judicial Review is how you drag them into court. It's the ultimate accountability tool.

What Is Judicial Review?

Judicial Review (JR) is a legal process where a judge examines whether a public body acted lawfully when making a decision. It doesn't ask whether the decision was right or wrong — it asks whether the decision was legal.

JR is the reason governments can't do whatever they want. It's been used to strike down unlawful benefit sanctions, overturn planning decisions, challenge immigration detention, and even declare the prorogation of Parliament unlawful (the 2019 Miller case).

Ordinary citizens can bring JR cases. You don't have to be wealthy or connected — you just need to show you have sufficient interest in the decision and that it was made unlawfully.

The Three Grounds for JR

  • Illegality — the public body acted beyond its legal powers, misunderstood the law, or failed to follow mandatory procedures.
  • Irrationality (Wednesbury unreasonableness) — the decision was so unreasonable that no reasonable authority could have made it.
  • Procedural Unfairness — the body didn't consult properly, was biased, or denied someone a fair hearing.

Time limit: You must file within 3 months of the decision — and "promptly" within that period. Do not delay.

The JR Process

Pre-Action Letter

Before filing, you must send a Pre-Action Protocol letter to the public body. This sets out your case and gives them 14 days to respond. Many cases are resolved at this stage — the letter alone can force a U-turn.

Permission Stage

A judge reviews your papers and decides if your case is "arguable." This is a filter — about 30% of cases get through. If refused on paper, you can renew the application at an oral hearing. Getting past this stage is a major signal.

Full Hearing

If permission is granted, the case proceeds to a full hearing before a High Court judge. Remedies include quashing orders (cancel the decision), mandatory orders (force action), and declarations (state the law was breached).

Costs: Can You Afford It?

JR can be expensive, but there are ways to manage risk:

  • Legal Aid — still available for JR cases if you pass the means and merits tests. Check with a public law solicitor.
  • Protective Costs Orders — the court can cap your liability if the case raises issues of public importance.
  • Aarhus Convention — for environmental JRs, costs are capped at £5,000 for individuals and £10,000 for organisations.
  • CrowdJustice — many successful JR cases have been crowd-funded by people who share the claimant's concern.
  • Pro bono lawyers — organisations like the Public Law Project and Advocates for International Development may help.

Famous JR Victories

JR isn't just for lawyers in wigs — ordinary people have used it to change the country:

  • R (Miller) v Prime Minister (2019) — prorogation of Parliament was unlawful.
  • Benefit sanctions — multiple JR cases have struck down DWP sanction policies as irrational.
  • Planning decisions — communities have overturned developments that failed to follow proper consultation.
  • NHS funding decisions — JR has forced the NHS to fund treatments it initially refused.

Essential Resources

Judicial Review Action Checklist

Thinking about challenging a public body? Here's your roadmap.

JR: Step by Step
From identifying the unlawful decision to filing your claim.

Did this guide help you?

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