Process and Procedure for Public Law and Judicial Review Claims

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.

Before Starting a Claim
Before starting a formal legal challenge, it is important to consider whether there is another way to resolve the issue. In some cases, this may involve an appeal, complaint or review process. In others, judicial review may be the appropriate route.

In many cases, the court will expect you to have explored alternative options first, such as:
• Appeals to a tribunal or independent panel
• Internal complaints procedures
• Requests for reconsideration or review

Judicial review is usually a last resort, used where there is no suitable alternative or where other routes are not effective. Identifying the correct approach at an early stage is important and can affect whether a claim is successful. We will help you identify the most appropriate route, so you are not taking unnecessary steps or missing a more effective option.

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.

This letter 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

This stage gives the public body an opportunity to reconsider its decision or resolve the issue without court proceedings. In some cases, matters are resolved at this stage, avoiding the need to issue a claim. At this stage, we guide you in setting out your case clearly and effectively, ensuring the public body understands the concerns being raised.

In urgent situations, it may not be possible to follow the full pre-action process, and immediate legal action may be required. If you are unsure whether your situation is urgent, early advice can help you act quickly and appropriately.

Step 2: Issuing the Claim and Permission Stage
If the issue is not resolved, a judicial review claim may be issued in the High Court.

At this stage, the court will decide whether the case should proceed. This is known as the permission stage.

To be granted permission, you must show:

• That you have sufficient interest in the matter
• That there is an arguable legal case

This means 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. This stage can feel daunting, but we will prepare everything with you and explain each step so you feel confident in how your case is being presented.

During this stage, the court reviews the written evidence and legal arguments from both sides. Most judicial review cases are based primarily on documents rather than oral evidence. This means that:

• 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

If permission is refused, the claim will not proceed unless there are grounds to challenge that decision. We will ensure your written evidence is clear, focused and fully supports your case.

Step 3: The Substantive Hearing
If permission is granted, the case moves to a full hearing, known as the substantive hearing.

At this stage:

• Both sides present their legal arguments
• The court considers the lawfulness of the decision
• A judge makes a final decision on the case

The court will not remake the original decision itself. Instead, it will decide whether the decision was made lawfully and what should happen next. We will guide you through what to expect so you feel prepared and supported throughout.

Possible Outcomes
If a judicial review is successful, the court can take steps to put things right. The aim is not to replace the decision itself, but to make sure it is made properly and fairly.

This may include:

• 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

The court will not make the decision itself, but will require the public body to make the decision again properly. In many cases, the outcome is that the decision is looked at again, this time following the correct process and taking the right information into account. This can still make a significant difference, particularly where a decision has been rushed, delayed or made without properly considering your circumstances. For many clients, this means having their situation properly considered for the first time.

Why Legal Advice Matters
Challenging a decision made by a public body can feel complex, particularly when you are already dealing with a difficult or urgent situation. Having the right advice early on can make the process clearer and more manageable, including understanding whether judicial review or another route is the right approach.

Early advice can help you to:

• 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

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 you feel informed and supported at every stage.

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 can feel uncertain and time-sensitive. Our approach is to provide clear, practical advice from the outset, helping you understand your position, your options and what can be done next. 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.

We will take the time to understand your situation and give you clear, honest advice about what can be done next.