Public Law / Judicial Review – Birmingham

Our Public Law work focuses on challenges to the decisions, acts  or omissions of public bodies, including local authorities and government bodies.

Many of our cases involve challenging decisions by public bodies by way of Judicial Review proceedings on the ground that the decision is unlawful, e.g irrational, procedurally unfair, or made either taking into account irrelevant considerations or failing to take into account relevant considerations

We act in cases in areas including:-

• Education Law
• Child Care
• Social Care
• Human Trafficking

Examples of the cases we handle:

• Local authorities that fail to provide education in accordance with Education Health Care Plans
• Termination of a pupil’s managed move placement
• Decisions of Local Authorities duties in family proceedings when there is no specific route of challenge.
• School Transport decisions
• Children being made the subject of a Child Protection Plan
• Funding decisions relating to education or child care.
• Services and support for children in the care system or care leavers
• Services and support for children and young people with learning difficulties
• Age Assessments

FAQ Public law

Is legal aid available?

We have a contract with the Legal Aid Agency, which means that we can provide legal advice, assistance and representation to those who are financially eligible, whose case meets the necessary criteria.

What is the procedure for Judicial Review Claims?

So far as reasonably possible, the person bringing the claim should try to resolve the claim without litigation. Litigation should be a last resort.   There are codes of practice for pre-trial negotiations, the Judicial Review Pre-action Protocol being the most commonly used.

It is very important to follow the Judicial Review Pre-action Protocol, if possible, before commencing a claim, because it may resolve the issue without need of litigation or at least to narrow the issues in the litigation. Secondly, failure to follow the Protocol may result in costs sanctions against someone who has not followed the Protocol.

Are there time limits?

A claim for judicial review must be brought within the relevant time limits fixed by the Civil Procedure Rules which is generally that the claim form must be filed promptly, and in any event not later than three months after the grounds to make the claim first arose, unless the Court exercises its discretion to extend time. The Protocol process does not affect the time limits for starting the claim. This means that you must make your claim as soon as possible or, no later than 3 months after the claim arose.

What are the stages in a Judicial Review Claim?

Judicial review is a two-stage process.

Stage 1 – The claimant must obtain permission (sometimes referred to as ‘leave’) to apply for judicial review from the Court.

Stage 2 – If permission is granted by the Court,  the actual claim, when further information and evidence is filed and the matter listed for consideration by the Court.

If you require advice in relation to a potential claim about the decision of a public body, please contact us on 0121 270 1566 or email Phil Storey or Karen Bailey.