Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
Our experienced judicial-review team works with community organisations on all aspects of judicial review, including bringing challenges to decisions of public bodies.
At Anthony Collins Solicitors, we know that at times circumstances arise where a social businesses may need to challenge a decision made by a public body. Whilst it is always best to try alternatives to court proceedings first, such as mediation, sometimes these methods are unsuccessful and a judicial review claim is necessary.
A judicial review claim must be brought within three months of the decision being made by the public body and challenge the process in which the decision was reached, not the outcome of the decision. If it is felt that a public body has not acted in compliance with legislation, a judicial-review claim could be brought.
For a social business to challenge a decision legally, it must have been made by a public body such as a government department, local authority, NHS Trust or a regulatory body, or an organisation exercising public functions. Decisions by public bodies can be challenged on a number of grounds, including:
- The public body not having the power to make a particular decision or it having gone beyond its authority.
- The public body acting in an unreasonable or irrational manner.
- Decisions having been made without carrying out consultation.
- The procedure followed by the public body is unfair or biased.
- The decision failing to comply with the public body’s statutory basis or its own internal rules.
- The decision taken is in breach of the Human Rights Act or European Community Law.
- The public body failing to comply with one of its legal duties, such as, the public sector equality duties.
Our judicial-review service
At Anthony Collins Solicitors our experienced team of judicial-review solicitors have extensive experience in helping social businesses bring judicial review claims against public bodies such as local authorities or public sector regulators. Our judicial review services include:
- Advising organisations on whether they have grounds for bringing a judicial review claim.
- Supporting organisations to bring a judicial review claim.
- Obtaining permission from the Court for an application to be made.
- Representation during judicial-review court proceedings.
A pragmatic and efficient solicitor ensuring clients receive effective resolutions.
A recent case stands as a good reminder to employers to be careful when distinguishing between pensionable employment under a pension scheme’s rules and employment under a contract of employment.
By early morning on 3 May, it was clear that there had been a huge change in the composition of many councils across the country.
Following our new partner announcement, it is with great pleasure that we can announce additional promotions.
Even those of us with zero football knowledge will most likely know of the shenanigans at a Chelsea FC game this season.
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Non-UK nationals will surely be worried about an uncertain future, with much still unclear. These feelings will inevitably accompany people to work, and so employers need to be prepared.
Pension disputes in the LGPS need to be dealt with through the Internal Dispute Resolution Procedure. Join Doug Mullen for a free 45 minute webinar on getting the process right.
We’re delighted to announce that we have once again been ranked fourth in the list of the top legal advisers by number of charity clients in the Top 3000 Charities 2019 directory.
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