What is an unlawful decision by a public organisation?

Public bodies can only do what they are empowered to do by law. The law sets the limits of what each body can do and also sets out duties that they must comply with when taking action or making decisions. A decision is unlawful and can be challenged at judicial review if it falls outside a body’s legal limits or fails to abide by its duties. Decisions can be challenged if:

• The public body does not have the power to make a certain decision
• The public body uses a power incorrectly or misinterprets the law involved with a decision
• The decision-making process was unfair or the decision was irrational
• The decision breaches European law, the Human Rights Act or equality legislation.

If you have been affected by a public body decision that seems unfair, contact us to find out if it is suitable for a judicial review claim.