What Is Judicial Review in Northern Ireland?
Judicial review is a legal process used to challenge the lawfulness of decisions, actions or failures to act by public bodies in Northern Ireland.
About Service
Judicial review is a legal process used to challenge the lawfulness of a decision, action or failure to act by a public body in Northern Ireland.
It is commonly used where an individual believes that a government department, local authority, school, Health and Social Care body or another public organisation has acted unlawfully or unfairly.
Judicial review is not simply an appeal against a decision. The court does not normally substitute its own view for that of the original decision-maker. Instead, it examines whether the decision was made lawfully and in accordance with proper legal principles.
What Can Judicial Review Be Used For?
Judicial review may be relevant where a public body has made a decision that affects an individual’s rights, interests or access to public services.
Examples can include decisions involving:
- education and Special Educational Needs;
- health and social care;
- housing and homelessness;
- benefits and public funding;
- government departments and local authorities;
- policing and other public authorities; and
- decisions that may interfere with protected human rights.
What Does the Court Consider?
The court’s role in judicial review is supervisory. It considers whether a public body has acted within its legal powers and whether the decision-making process was lawful.
Depending on the circumstances, a challenge may involve issues such as whether the public body followed the correct procedure, took relevant matters into account, acted fairly or reached a decision that was legally open to it.
What Happens If a Judicial Review Is Successful?
The remedy will depend on the circumstances of the case. The court may, for example, quash a decision, make a declaration about the legal position or require a public body to take a particular step.
A successful judicial review does not necessarily mean that the public body must reach a particular final outcome. In some cases, the decision may instead have to be reconsidered lawfully.
Is There a Time Limit for Judicial Review in Northern Ireland?
Yes. Applications for leave to apply for judicial review in Northern Ireland must generally be made within three months from the date when the grounds for the application first arose, unless the court considers that there is good reason to extend the period.
Because judicial review is subject to strict procedural rules and deadlines, anyone considering a challenge should seek legal advice as early as possible.
Judicial Review Solicitors in Northern Ireland
If you believe that a public body has made an unlawful decision or failed to act lawfully, P.A. Duffy & Co can advise you on whether judicial review may be appropriate.
You can also read more about our judicial review solicitors and our wider Human Rights and Public Law services.
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 assess the circumstances and advise whether judicial review may be an appropriate legal remedy.
We can help by:
- reviewing the decision, action or failure to act that you wish to challenge;
- considering whether there may be legal grounds for judicial review;
- advising you about the applicable procedure and time limits;
- helping to gather the documents and evidence relevant to the proposed challenge;
- corresponding with the public authority where appropriate; and
- representing you throughout judicial review proceedings where a case proceeds.
Judicial review proceedings in Northern Ireland involve a formal application for permission to proceed, and the court requires the decision under challenge, the legal grounds and the remedy sought to be clearly identified. :contentReference[oaicite:0]{index=0}
For more information about representation in these cases, visit our Judicial Review Solicitors page.
FAQs
Frequently Asked Questions
Judicial review is a legal process used to challenge the lawfulness of a decision, action or failure to act by a public body. The High Court considers whether the public authority acted within its legal powers and followed the correct legal principles and procedures. It is not simply a rehearing of whether the court would have made the same decision.