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Judicial Review: Advisers' Checklist
Judicial review is most commonly used to challenge decisions, but
it has the potential to be used much more broadly.
It can be used to challenge policies; both formal, written policies
and informal, unwritten policies.
Judicial review can also be used to challenge procedures which are
unfair. For example, a consultation process which does not allow for
a proper opportunity to respond, or an appeal process which appears
to be biased to one of the parties.
It can also be used to challenge inaction by a public authority. For
example:
a failure to meet a legal duty (such as a failure to conduct
an equalities assessment or an environmental impact assessment);
or
a failure to produce guidance; or
a failure to investigate; or
a failure to consider taking preventative action or enforcement
action.
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Judicial review can even be used to challenge regulations
and, where the Human Rights Act is used, Acts of Parliament.
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