Grounds and Remedies for Public Law and Judicial Review Claims

Understanding whether a decision can be challenged, and what the court can do about it, is an important first step in any public law case. Judicial review is not simply about whether a decision feels wrong. It is about whether there are clear legal grounds to show that a public body has acted unlawfully, and whether the court can provide a meaningful way to put that right.

Our Judicial Review and Public Law team advises individuals, families and professionals across England on whether there are arguable grounds to challenge a decision and what outcome may realistically be achieved. If you are unsure whether a decision may be challenged, early advice can help you understand your position and next steps with greater clarity.

What Are the Legal Grounds for Challenging a Decision?

In many public law cases, decisions are challenged through judicial review. The legal reasons for doing so are known as the ‘grounds’ of judicial review.

The most common grounds include:

Illegality

Illegality arises where a public body has acted outside its legal powers or has applied the law incorrectly.

This may include:

• Making a decision it does not have the legal authority to make
• Misunderstanding or misapplying the relevant law
• Failing to carry out a legal duty
• Applying a policy that is not lawful

In simple terms, the question is whether the decision-maker acted within the limits of the law. We can help you assess whether a decision falls outside those limits and what that means in practice.

Irrationality or Unreasonableness

A decision may be challenged if it is so unreasonable that no reasonable public body, properly directing itself, could have made it.

This is a high threshold, but it can arise where:

• A decision is clearly unsupported by the evidence
• Relevant factors have been ignored
• The outcome is disproportionate to the facts

These cases often involve decisions that are difficult to justify when viewed objectively. We will help you understand whether this threshold may be met in your situation.

Procedural Unfairness

Public bodies must follow fair procedures when making decisions, particularly where those decisions affect a person’s rights or interests.

A decision may be challenged where:

• A person was not given a fair opportunity to respond
• Relevant information was not shared
• The process was biased or lacked impartiality
• Proper procedures or guidance were not followed

Fairness is a central principle in public law, and failures in process can be just as important as the decision itself. We can guide you through whether the process followed in your case was fair and lawful.

Other Grounds

Depending on the circumstances, other legal grounds may also apply. These include:

• Legitimate expectation
  Where a public body has made a clear promise or established a consistent practice, and then departs from it without good reason.
• Proportionality
  Particularly in cases involving human rights, where a decision interferes with a person’s rights more than is necessary or justified.

Public law cases are often complex, and identifying the correct grounds requires careful legal analysis. We will help you understand which grounds may apply and how strong your case may be.

What Can the Court Do if a Judicial Review is Successful?

If a judicial review is successful, the court has a range of powers to put things right. The aim is not to punish the public body, but to correct what has gone wrong and ensure decisions are made properly. In most cases, this means the decision is looked at again in a lawful and fair way.

Quashing Orders

A quashing order cancels the decision completely. This means the decision is treated as if it never happened, and the public body must go back and make the decision again properly, taking into account the correct law and relevant information.

For example:

• A council has to remake a decision about support or housing
• A local authority must reconsider an education decision
• A refusal decision is withdrawn and reviewed again

Mandatory Orders

A mandatory order requires a public body to take a specific action. This is used where something should have been done but has not been.

For example:

• Requiring a local authority to carry out an assessment
• Requiring a decision to be made where there has been delay
• Requiring support or services to be put in place

Prohibiting Orders

A prohibiting order stops a public body from taking an action that would be unlawful. This is often used in urgent situations to prevent something happening before it is too late.

For example:

• Stopping a decision from being implemented
• Preventing removal, discharge or enforcement action
• Pausing a process while the legal challenge is considered

Declarations

A declaration is a formal statement from the court explaining what the law requires in a particular situation. While it does not always force immediate action, it makes the legal position clear and can require the public body to act differently going forward.

For example:

• Confirming that a decision was unlawful
• Clarifying what a public body must do in future
• Setting out the correct interpretation of the law

What This Means in Practice

In many cases, the outcome of a judicial review is that the decision is reconsidered properly rather than replaced by the court. This can still make a significant difference, particularly where:

• Support has been refused or delayed
• A process has not been followed correctly
• A decision has been made without proper evidence

The aim is to ensure that decisions affecting you or your family are made fairly, lawfully and with the right information. For many clients, this means having their situation properly considered for the first time.

Important to Know

Judicial review is not usually about compensation. It is about correcting decisions and making sure the right process is followed.

In some cases, further legal options may be available depending on your situation, and we can advise you on this.

Will I Receive Compensation?

Judicial review is primarily concerned with correcting unlawful decisions rather than awarding compensation. In most cases, the outcome is that the decision is reconsidered or put right. In some situations, a separate claim for damages may be possible, but this depends on the specific circumstances.

Understanding What This Means for Your Case

Every case is different. The key questions are:

• Is there a clear legal ground to challenge the decision?
• Is judicial review the correct route?
• What outcome is realistically achievable?

In some cases, early action can resolve the issue without the need for court proceedings. In others, formal legal steps may be required. Our role is to give clear, realistic advice so you understand where you stand and what can be done next.

We Are Here to Help

At Watkins Solicitors, our Public Law and Human Rights team supports individuals, families and professionals across England in challenging decisions made by public bodies. We are widely recognised for our specialist expertise and for acting in complex and often urgent cases where early action is critical.

We understand that situations leading to judicial review are often stressful and time-sensitive. Our approach is to provide clear, practical advice from the outset, helping you understand your position, your options and the steps needed to move forward with confidence. You will have a team that is approachable, responsive and focused on achieving the best possible outcome for you.

We guide clients through every stage of the process, from early advice and pre-action steps through to court proceedings where necessary. Wherever possible, we focus on resolving issues efficiently and effectively, including exploring opportunities to achieve a positive outcome without the need for a full hearing.

We also hold a Public Law Legal Aid contract and can advise you on whether funding may be available, ensuring that access to justice is considered from the very beginning.

If you are considering a judicial review or are unsure how the process works, our team offers an initial conversation to help you understand your options and what action may be needed.

You can contact us by emailing info@watkinssolicitors.co.uk or calling 0117 939 0350 to speak to a member of the team.