Judicial Review, 29 & 30 January 2024 ONLINE

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 a more important a remedy than ever. Delays, discretionary benefit decisions and claim ‘gatekeeping’ 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
• CPAG test case update

This course will be useful for advisers who want to expand their knowledge, as well as advisers who want to start using judicial review to resolve intractable welfare benefit decisions for their clients without litigation and to learn how to make a referral to a solicitor when necessary. 

Attendees may also be interested in attending our Understanding Social Security Law and Finding it Online training.

Method of delivery and timings

This full-day experienced level course will be delivered online via Zoom over two consecutive mornings. It runs from 10am to 1pm on each day, with a half hour break between 11.15-11.45.

It is a practical course delivered using a combination of trainer presentation, exercises and group discussion. Participants will need a Wi-Fi connection and a suitable device to access the internet. It is not recommended to join via a mobile phone. Participants will receive an email a few days before the start of the course, with a link to the event hosted on our AskCPAG elearning platform.