Alternative routes may include
- Appeals to a tribunal or independent panel
- Internal complaints procedures
- Requests for reconsideration or review
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Process and Procedure for Public Law and Judicial Review Claims
Understanding the judicial review process from early advice to court proceedings
Challenging a decision made by a public body can involve different routes, depending on the situation. This may include appeals, complaints or, in some cases, judicial review.
Understanding how judicial review works can make what often feels like a complex and uncertain process more manageable. Judicial review follows a structured legal process, with clear stages that must be followed carefully and within strict time limits.
Our Public Law and Human Rights team supports individuals, families and professionals across England at every stage, providing clear, practical advice on what to expect and how best to proceed.
If you are considering a challenge, early advice can help you understand the most appropriate route and what steps may be required.
To speak to our team, please call 0117 939 0350 or email info@watkinssolicitors.co.uk.
Clear route advice
Guidance on whether an appeal, complaint or judicial review is most appropriate.
Urgent time limits
Support to identify and act within strict judicial review deadlines.
Every stage explained
Practical support from pre-action correspondence through to court where necessary.
Legal Aid advice
Guidance on whether Public Law Legal Aid funding may be available.
Before Starting a Claim
Before starting a formal legal challenge, it is important to consider whether there is another way to resolve the issue.
Not every case follows the judicial review process. Where concerns involve serious failures in health or social care, an inquest, a claim for damages, a complaint process or another legal route may be more appropriate. Early advice can help identify the most suitable route before any steps are taken.
Judicial review is usually a last resort
The court will often expect you to have explored suitable alternative options first.
Judicial review is generally used where there is no suitable alternative or where other routes are not effective.
We will help you identify the correct approach so that you do not take unnecessary steps or miss a more effective option.
Identifying the correct route early matters
Using the wrong procedure can cause delay and may affect whether a claim can proceed. Early advice can help protect your position and ensure the most suitable route is used.
Step 1: Pre-Action Protocol
The first formal step in most judicial review cases is to send a letter before claim to the public body.
The letter before claim sets out
- The decision being challenged
- The legal grounds for the challenge
- What outcome is being sought
- A request for a response within a set timeframe
An opportunity to resolve the issue early
This stage gives the public body an opportunity to reconsider its decision or resolve the issue without court proceedings.
Some matters are resolved at this stage, avoiding the need to issue a formal claim.
We will help set out the case clearly and effectively so that the public body understands the concerns being raised and the outcome sought.
In urgent situations, it may not be possible to follow the full pre-action process and immediate legal action may be required.
Step 2: Issuing the Claim and the Permission Stage
If the issue is not resolved, a judicial review claim may be issued in the High Court. The court will then decide whether the case should proceed.
To be granted permission, you must show
- That you have sufficient interest in the matter
- That there is an arguable legal case
The court must be satisfied that the claim has a realistic prospect of success.
Many cases are decided at this stage, so careful preparation and clear legal arguments are essential.
Judicial review is usually document-based
- Witnesses are not usually required to attend court
- The case is decided based on written statements and records
- The focus is on what documents show about how the decision was made
We will ensure the written evidence is clear, focused and fully supports the case.
If permission is refused
The claim will not proceed unless there are grounds to challenge the permission decision. We will explain what options, if any, may remain available.
Step 3: The Substantive Hearing
If permission is granted, the case moves to a full hearing known as the substantive hearing.
What happens at the hearing
- Both sides present their legal arguments
- The court considers the lawfulness of the decision
- A judge makes a final decision on the case
What the court decides
The court does not usually remake the original decision itself.
Instead, it decides whether the decision was made lawfully and what should happen next.
We will explain what to expect and support you throughout the hearing process.
Possible Outcomes
If a judicial review is successful, the court can take steps to put things right. The aim is to ensure the decision is made properly and fairly.
The court may
- Cancelling the decision so it has to be made again
- Requiring the public body to take action it should have taken
- Stopping a decision from going ahead
- Confirming what the law requires in your situation
What this can mean in practice
The public body may have to make the decision again, following the correct process and taking the right information into account.
This can make a significant difference where a decision was rushed, delayed or made without properly considering your circumstances.
For many clients, it means having their situation properly considered for the first time.
The court will not usually substitute its own decision. It will require the public body to act lawfully and reconsider the matter properly.
Why Legal Advice Matters
Having the right advice early can make a complex and urgent situation clearer and more manageable.
Early advice can help you
- Understand whether judicial review is the right option for your situation
- Make sure important time limits are not missed
- Present your case clearly and effectively
- Explore whether the issue can be resolved without going to court
A practical focus on resolution
In many cases, early legal support can lead to a quicker and more practical outcome even where formal court proceedings are not needed.
Our role is to guide you through the process with clarity and care so that you feel informed and supported at every stage.
Considering a judicial review or unsure which route applies?
Our team can assess the decision, explain the available challenge routes and guide you through the steps and time limits that may apply.
How We Help at Each Stage
We guide clients from early advice and pre-action work through to court proceedings where necessary.
Identify the correct route
We consider appeals, complaints, reviews and whether judicial review is appropriate.
Assess urgency and time limits
We identify the deadline and whether immediate protective action may be required.
Pre-action correspondence
We prepare the letter before claim and seek an effective early resolution.
Issue and permission
Where necessary, we prepare the claim, evidence and legal arguments for the permission stage.
Substantive hearing
If permission is granted, we guide you through preparation for the full hearing.
Outcome and next steps
We explain the court’s decision, the practical effect and any further action required.
We Are Here to Help
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 specialist expertise and for acting in complex and often urgent cases where early action is critical.
Our approach is clear, practical and responsive, helping you understand your position, options and next steps.
Legal Aid and Funding
We hold a Public Law Legal Aid contract and can advise whether funding may be available.
We consider access to justice from the beginning and explain the available funding position clearly.
Where Legal Aid is not available, we will explain any other funding options and likely costs.
Contact Our Judicial Review and Public Law Solicitors
If you are considering judicial review, are unsure which challenge route applies or need help understanding the process, our team can provide clear advice on what should happen next.
We advise individuals, families and professionals across England.
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