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Judicial Review: Advisers' Checklist
Judicial review can only be used to challenge the actions of public
authorities. However, it is important not to jump too quickly to the
conclusion that judicial review is inappropriate because there is
no relevant public authority.
Central government departments, local councils, healthcare bodies
(for example, NHS Trusts, PCTs and Strategic Health Authorities),
the police, ombudsmen and schools are all public authorities.
There are also some less obvious examples where an organisation may
claim that they are not a public authority, but where there is still
scope to bring a judicial review case against them because they carry
out public functions; for example utility companies, housing associations
and regulatory bodies.
It is also important to remember that whilst judicial review cannot
be used to directly challenge the actions of private individuals and
private bodies, judicial review may still be relevant where a private
individual or body is only acting as they are because of the action
or inaction of a public authority.
For example, if a private company is to build a shopping centre in
an environmentally-sensitive area it would not be possible to bring
a judicial review against the private company in order to stop the
development. However, it may be possible to stop the development by
bringing a judicial review against the local council if the local
council did not consider the environmental impacts properly when granting
planning permission.
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