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.
Methods of delivery and timings
This one-day experienced level course runs from 10.00 to 13.00 across two consecutive mornings, with a 30 minute break at 11.15. It is delivered live online, via Zoom, with CPAG trainer Jess Strode.
It is a practical course delivered using a combination of trainer presentation, exercises and group discussion. Participants will be provided with supporting e-learning material, including PowerPoint slides and access to exercises and activities hosted on CPAG’s e-learning platform.
What you will need
Participants will need a Wi-Fi connection and a suitable device to access the internet. Prior to the event, participants will receive an email with a link which they should use to join the event and access supporting materials.