Can I Challenge a Decision Made by a Public Body?
Decisions made by public bodies in Northern Ireland may be open to legal challenge where the decision-making process was unlawful, unfair or outside the body's legal powers.
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A decision made by a public body in Northern Ireland may be capable of legal challenge where the decision was made unlawfully, unfairly or outside the body's legal powers.
Public bodies make decisions that can affect many areas of everyday life, including education, healthcare, social care, housing, benefits, licensing and access to public services.
If you believe that a public authority has made an unlawful decision, failed to follow the correct procedure or failed to act when it was legally required to do so, judicial review may be one of the legal remedies available.
What Is a Public Body?
Public bodies can include government departments, local authorities, schools, Health and Social Care bodies and other organisations exercising public functions.
Whether an organisation can be challenged by judicial review does not depend only on its name or status. The court may also consider the nature of the particular function or decision being challenged.
What Types of Decisions Can Be Challenged?
A public body decision may potentially be challenged where there is a public law issue concerning the way the decision was made.
Depending on the circumstances, this may include situations where a public authority:
- acts outside the powers given to it by law;
- fails to follow a required legal procedure;
- fails to take relevant matters into account;
- takes irrelevant matters into account;
- acts unfairly towards the person affected;
- fails to act where it is under a legal duty to do so; or
- makes a decision that may unlawfully interfere with protected rights.
Is Judicial Review the Same as an Appeal?
No. Judicial review is not simply an appeal against a decision because you disagree with the outcome.
The High Court usually examines whether the public authority acted lawfully and followed the correct legal principles. It does not normally replace the original decision with the decision that the court itself would have preferred.
Where a judicial review challenge succeeds, the usual result may be that the original decision is quashed and the public body is required to reconsider the matter in accordance with the law.
Can a Failure to Act Be Challenged?
Yes, in some circumstances. Judicial review can concern not only decisions that have been made, but also a failure by a public authority to take action where there may be a legal duty to do so.
The appropriate remedy will depend on the circumstances and the nature of the legal obligation involved.
How Quickly Do I Need to Act?
Judicial review proceedings are subject to strict procedural time limits. In Northern Ireland, an application for leave to apply for judicial review must generally be brought within three months from the date when the grounds for the application first arose, unless the court considers there is good reason to extend the period.
Because the relevant deadline can depend on the particular decision and circumstances, legal advice should be sought as early as possible.
Challenging a Public Body Decision in Northern Ireland
If you are concerned about a decision made by a public body, P.A. Duffy & Co can assess the circumstances, explain the legal options that may be available and advise whether judicial review may be appropriate.
Read more about what judicial review means in Northern Ireland, our judicial review services or our wider Human Rights and Public Law work.
How We Can Help
If you are concerned about a decision made by a public body in Northern Ireland, our Human Rights and Judicial Review team can review the circumstances and advise whether there may be grounds for a legal challenge.
We can help by:
- reviewing the decision, correspondence and documents relating to the public body;
- considering whether the decision-maker acted within its legal powers;
- assessing whether the correct procedure was followed;
- advising whether judicial review or another legal remedy may be available;
- helping to identify the relevant evidence and legal grounds;
- corresponding with the public authority where appropriate; and
- representing you in judicial review proceedings where a case proceeds.
Judicial review proceedings in Northern Ireland begin with an application for leave, which must identify the decision being challenged, the legal grounds relied upon and the remedy sought.
For more information, visit our Judicial Review Solicitors page.
FAQs
Frequently Asked Questions
Potentially, yes. A decision made by a public body may be capable of legal challenge where there is a public law issue concerning the way the decision was made, the powers used or a failure to act. Whether judicial review is available will depend on the particular decision, the body involved and the legal grounds that may apply.