Judicial Review Basics
Judicial review is a legal process by which the High Court reviews the lawfulness of decisions made by public bodies — including government departments, local councils, immigration authorities, and regulatory bodies. It is not an appeal on the merits of the decision, but a challenge to whether the decision was made lawfully.
Key points
- Judicial review challenges the lawfulness of public body decisions — not whether the decision was right or wrong.
- You must apply for judicial review promptly and within three months of the decision (much sooner for some cases).
- Legal aid may be available for judicial review cases involving immigration, housing, or other qualifying areas.
- Judicial review should be a last resort — all other complaint routes should be exhausted first.
What Judicial Review Is
Judicial review is a court procedure in which the High Court (Administrative Court) examines whether a decision by a public body was made lawfully. The court does not consider whether the decision was the "right" decision — it considers whether it was made in accordance with the law, following proper procedures, and without irrationality or unlawful discrimination.
Grounds for judicial review include:
- Illegality: The public body acted outside its legal powers (ultra vires)
- Procedural unfairness: The decision was made without giving the affected person a fair hearing or without following required procedures
- Irrationality (Wednesbury unreasonableness): The decision was so unreasonable that no reasonable decision-maker could have made it
- Legitimate expectation: The body made a promise or established a practice that was not followed without justification
Strict Time Limits
Judicial review time limits are strict. The general rule is that you must apply promptly and in any event within three months of the date of the decision. However, shorter time limits apply in specific contexts:
- Planning cases: Six weeks from the decision
- Procurement: 30 days in some cases
- Immigration: Usually three months, but specific rules apply to certain categories
Do not delay seeking legal advice if you believe you have grounds for judicial review. Missing the time limit will almost certainly result in your application being rejected unless there are exceptional circumstances for the delay.
Before You Proceed
Judicial review is expensive and complex. Before proceeding, consider:
- Have you exhausted all other complaint and appeal routes? Courts expect claimants to use alternative remedies before resorting to judicial review.
- Do you have a realistic legal argument? Disagreeing with a decision is not a legal ground for judicial review.
- Can you afford it? Judicial review cases can cost tens of thousands of pounds if unsuccessful. Consider whether legal aid is available in your case.
Legal aid is available for judicial review in some circumstances — particularly immigration and asylum cases, housing cases, and cases involving fundamental rights. Contact a specialist public law solicitor or a legal aid firm for a free initial assessment. Law centres and Citizens Advice can help you identify suitable lawyers.
Frequently asked questions
Can I apply for judicial review myself without a solicitor?
What happens if I win a judicial review?
Can I get judicial review against a private company?
What to do next
- 1Find a public law solicitor
Search the Law Society directory for judicial review specialists.
- 2Check legal aid eligibility
Check whether you qualify for legal aid for judicial review.
- 3Contact a law centre
Free legal advice from law centres across England and Wales.
Official bodies and resources
Citizens Advice
CharityProvides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.
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