Judicial Reviews are a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, Judicial Reviews are a way to challenge the way in which a decision has been made, not the decision itself. Reviews are not concerned about the results of the process – and whether or not it was ‘right’ – as long as the correct procedures have been followed.
The court will not substitute the ‘right’ conclusion, which may lead to the public body making the same decision again, provided it does so in a lawful way. If you want to argue that a decision was incorrect, you would be better served by seeking alternative remedies, such as appealing against the decision to a higher court.
Some examples of the types of decision which may fall within the range of judicial review are:
- Decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education;
- Certain decisions of the immigration authorities and the Immigration and Asylum Chamber;
- Decisions of regulatory bodies;
- Decisions relating to prisoner’s rights.