JUDICIAL REVIEW

Welcome to our comprehensive information on judicial review

Welcome to our comprehensive information on judicial review, a crucial legal tool used to scrutinise the lawfulness of decisions made by public bodies in the United Kingdom.  This guide will walk you through the complex process of judicial review and explain how it can defend your rights and ensure accountability from those in authority.

Understanding the Process of Judicial Review

Imagine a scenario in which a public authority makes a decision that directly affects your life—perhaps a planning decision, a legislative reform, or a regulatory action. Judicial review ensures that the decision-making process is fair, legal, and follows the correct procedures. It evaluates whether the proper process was followed rather than assessing the merits of the decision itself, in line with the principles of administrative law and regulatory law.

Who Can Initiate a Judicial Review?

If a public authority’s decision directly affects you, you have the right to contest it through judicial review. However, navigating this legal process can be challenging and expensive. In some cases, legal aid or financial assistance for legal representation may be available, particularly for individuals on means-tested benefits. It is crucial to be aware of the strict deadlines for submitting a judicial review claim—for instance, within six weeks for planning decisions or up to three months for other matters. 

Grounds for Challenging a Decision

A decision may be contested through judicial review on three main grounds:

  • Determining whether the public authority had the power to make the decision;
  • Evaluating whether the decision was rational and reasonable;
  • Ensuring that the correct procedures were followed.

Furthermore, if a decision violates human rights law, it may also be challenged, underlining the importance of safeguarding basic liberties in all governmental decision-making processes.

The Outcome and Impact of Judicial Review

Typically, a successful judicial review results in the original decision being overturned, requiring the public authority to reassess the matter using the proper procedures. This not only corrects unlawful actions but also promotes respect for human rights and accountability. Such outcomes are vital in upholding the rule of law and ensuring that public bodies remain answerable for their decisions, as also reflected in principles of local government law.

Correcting Injustices Through Judicial Review

Judicial review has been instrumental in correcting injustices and defending individual rights. For example, it has played a crucial role in protecting the housing rights of disabled people and ensuring that public investigations into criminal matters are conducted properly. These instances demonstrate how judicial review is essential for preserving the rule of law and making public authorities accountable for their actions.

Next Steps and Seeking Professional Guidance

If you believe that a decision made by a public entity is unfair or illegal, investigating the possibility of judicial review is a worthwhile endeavour. Seeking expert legal advice and fully understanding your rights can help you navigate this process effectively and safeguard your interests. Our team at RakLAW is here to assist you, and if you are interested in exploring additional areas such as civil litigation, employment law, or personal injury claims, we are ready to provide tailored advice.

If you are prepared to take the next step in protecting your rights, please obtain customised legal advice from RakLAW and ensure that your voice is heard through the judicial review process.

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Frequently Asked Questions

Candidates for a UK family visa must have a qualifying relationship with a UK resident—that of a spouse, partner, child, parent, or relative requiring long-term care. Candidates also have to pass specific English language and financial requirements. On the official UK government website, one may get all the necessary information.

Usually, applications for UK family visas are made online via the official gov.uk website. Steps include completing the application form, supplying required proof of the relationship and fulfilling other criteria, and paying the relevant fees. The UK government website offers thorough direction but if you are unclear or need legal guidance and support, feel free to give us a call on 0203 345 2000.

Sponsors of the spouse or partner visa application have to show a minimum annual income, which is £29,000 per year as of the most recent changes. This number is subject to change hence it is advisable to refer to the most recent policies on the website of the UK government.

Yes, assuming you still fit the eligibility criteria, you can seek to extend your stay. Or you can change to another family visa category if you are already in the UK on a family visa. Applications have to be made before your present visa runs out.

Further information can be found on the official gov.uk website otherwise if you are looking for legal guidance and support throughout the entire visa process, feel free to give us a call on 0203 345 2000 or complete a callback request form on this page.

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