Judicial Review pre-action letters

Using the letters

The links below are to judicial review pre-action protocol template letters and are designed to be sent by advisers or legal representatives on behalf of their clients.

If you are a member of the public with a problem you feel could be resolved using one of these letters, it is important to seek advice to confirm whether judicial review is appropriate.

If you do not have an adviser to act for you, you may be able to find one here: advicelocal.uk

If you are an adviser, we hope you find the letters useful. Please contact CPAG for support when using the templates: [email protected].

Sending the letters

Pre-action letters should be saved as a Pdf and sent with your client's signed authority by email. 

DWP: [email protected] 

HMRC: [email protected]

Local authority: FAO legal department

Scope

These letters are for use in ENGLAND AND WALES.

If you intend to use any of these letters in Scotland, please use with caution. The pre-action protocol does not apply in Scotland, so changes will be needed. Some changes are detailed here.

How are you finding CPAG's judicial review resources, are they helpful?
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Next steps

Please let us know how DWP / HMRC / your local authority respond (as this will inform future templates) [email protected]

It is possible that the DWP will respond to your letter along these lines: "Judicial review is inappropriate. However the decision has been changed on mandatory reconsideration”. This is a success for your client.

If no response is received within 14 days (or the lesser time requested due to your client's circumstances) - contact CPAG for advice [email protected]

If the matter remains unresolved, CPAG may be able to facilitate a referral to a law firm who can issue judicial review proceedings.

Template letter library

These templates are for advisers. Please don’t send these letters unless you have an adviser acting for you.

JUDICIAL REVIEW PRE-ACTION PROTOCOL TEMPLATE LETTER LIBRARY     (letters no. 1 - 115) 

Advances: UC
Appointees (NINo issue)
Bedroom Tax
Benefit cap
Carers (inc. following a death)
Child Benefit
Claimant Commitment: UC
Claim or award closed
Claims (inc. claims in advance and gatekeeping)
Cost of Living Payments
Deductions: UC
Delays in decision making / payments
(inc. failure to make enquiries to est.
R2R and refusal to pay new UC award)

Discretionary Housing Payments
Domestic abuse
Earnings (inc. RTI and work allowance): UC
Elements: UC
Employment Support Allowance
EU Settled Status
EU Pre-Settled Status
Flexible Support Fund
Fraud - UC claimed fraudulently by a 3rd party
Habitual Residence Test
Housing Benefit
Housing Costs: UC
Managed Migration

 

Mandatory reconsideration / revision inc. delay
Maternity grants
Overpayment Recovery
Payments
Personal Independence Payments
National insurance numbers
Refugees (inc HRT issues)
SDP
Students and young people not in education
Suspension
Tax Credits
Work Capability / Medical Assessments

 

Please note, new subjects are being added all the time so please check back if you can't find what you're looking for, or contact [email protected].