Judicial review

Judicial review is an essential tool for challenging decisions that affect benefit and tax credit claimants where there is no right of appeal. This interactive course gives advisers a clear understanding of its potential use and helps them to develop their skills in challenging unlawful decision-making.

In increasing areas of the benefit system, rights of appeal have been removed, decision making has become discretionary and legal aid is no longer available. As a result, judicial review has become more important a remedy than ever. Delays, discretionary welfare decisions and late mandatory reconsideration refusals are just three examples of areas where judicial review could be necessary, and which advisers are more likely to encounter as a result of welfare reform.

The course covers:

  • What is judicial review?
  • Which benefit and tax credit decisions may be challenged by judicial review?
  • Challenging decisions of the DWP, HMRC and local authorities
  • Judicial review in and/or against the Tribunal
  • How to draft a pre-action letter
  • Judicial review procedure

This course will be useful for advisers who want to expand their knowledge, as well as those who regularly encounter discretionary decisions, take on judicial review cases or make referrals to solicitors. It is best accompanied by the Appeals to the Upper Tribunal course.