What is judicial review? | CPAG

What is judicial review?

Judicial review is a legal challenge to a public body:

  • Against the way a decision has been made, a human rights violation, an unlawful act, a delay, or a refusal to act by a public body. (Not simply because you do not like the decision).
     
  • By a person with sufficient interest. This will usually be an individual personally affected by the decision, refusal to act, or human rights violation, but may also (except in the case of a human rights violation) be an agency representing the interests of a group of affected persons (e.g. Child Poverty Action Group).
     
  • Where there is no other appropriate or adequate remedy (either there is no right of appeal or the right of appeal is not appropriate, e.g. due to time sensitivity) and/or all other adequate remedies have been exhausted.
     
  • Promptly and in any event within 3 months of the decision being challenged (or 16 days in the case of challenging the refusal of permission to appeal against the decision of a First tier Tribunal by the Upper Tribunal).

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