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Public Law and Human Rights FAQs and Resources
Understanding your rights and how to challenge decisions made by public bodies can feel complex, particularly when you are already dealing with a difficult or urgent situation. This page brings together answers to the most common questions we are asked, covering public law, human rights, and the different ways decisions can be challenged.
If you cannot find the answer to your question, our Public Law and Human Rights team is always available to provide clear, tailored advice based on your situation.
Understanding Public Law and Your Rights
What is a public body?
A public body is an organisation that carries out public functions or makes decisions affecting the public. This includes local authorities, government departments, NHS bodies, regulators, and some private organisations performing public duties.
What is public law?
Public law governs how public bodies make decisions and exercise their powers. It ensures decisions are lawful, fair and made properly.
What are human rights in this context?
Human rights are basic rights and freedoms protected by law, including the right to family life, housing, liberty and protection from discrimination. Public bodies must respect these rights when making decisions.
What is the Human Rights Act?
The Human Rights Act 1998 sets out fundamental rights that public bodies must follow. If a decision interferes with these rights without proper justification, it may be challenged.
What is the Equality Act?
The Equality Act 2010 protects individuals from discrimination and requires public bodies to consider how their decisions affect different groups.
Challenging Decisions Made by Public Bodies
Can I challenge a decision made by a council or public body?
Yes, in many cases. Decisions can be challenged where they are unlawful, unfair, delayed or made without following the correct process.
Do I always need to use judicial review?
No. Judicial review is one option, but in some cases an appeal, complaint or review process may be more appropriate. We will help you identify the best route.
What types of decisions can be challenged?
Decisions can be challenged across a wide range of areas, including:
• Housing and homelessness
• Education and EHCP provision
• Community care and support
• Immigration and asylum
• Healthcare and social care
• Professional regulation and DBS matters
Can organisations or charities bring a claim?
Yes. Charities, community groups and organisations can bring claims where there is a wider public interest, particularly in cases involving systemic issues or unlawful policies.
Time Limits and Urgency
How long do I have to challenge a decision?
Time limits are strict. Judicial review claims must usually be brought promptly and within three months. Some cases have shorter deadlines, such as planning matters.
What happens if I delay?
Even within three months, delay can affect your case. Acting quickly is important to protect your position.
What if I think I am out of time?
You should still seek advice. In some cases, time may run from a later decision or ongoing failure.
Can urgent action be taken?
Yes. In urgent situations, it may be possible to take immediate legal steps to prevent harm or pause a decision.
The Legal Process
What happens when I challenge a decision?
This depends on the type of case, but it may involve raising a complaint, submitting an appeal, or sending a legal letter to the public body. If needed, court proceedings may follow.
What is judicial review in simple terms?
Judicial review is a way of asking the court to check whether a public body has made a decision lawfully and fairly.
Will I have to go to court?
Not always. Many cases are resolved early, particularly where a public body agrees to reconsider its decision.
How long does a case take?
Timescales vary depending on the complexity and urgency. Some cases are resolved quickly, while others may take several months.
What evidence is needed?
Most cases rely on documents such as decision letters, reports and records. Oral evidence is less common.
Outcomes and What to Expect
What happens if I successfully challenge a decision?
The decision may be cancelled and made again properly, or the public body may be required to take action or reconsider its position.
Will the court make the decision instead?
No. The court ensures the decision is made lawfully, but the public body usually makes the decision again.
Can I receive compensation?
Public law cases are mainly about correcting decisions. In some cases, a separate claim for damages may be possible.
Will my situation definitely change?
Each case is different, but a successful challenge often leads to a fairer and more thorough decision-making process.
Funding and Costs
How is a public law case funded?
Funding depends on your circumstances. Options may include legal aid or private funding.
Can I get legal aid?
Legal aid may be available, particularly in cases involving housing, education, care or immigration. We can assess your eligibility.
Will I have to pay upfront?
This depends on the funding arrangement. We will explain costs clearly at the outset.
What are the risks if my case is unsuccessful?
There may be a risk of contributing to the other side’s costs. We will explain this clearly and help you understand how risks can be managed.
Our Work and Experience
What types of clients do you act for?
We act for:
Do you deal with urgent cases?
Yes. Many of our cases involve urgent situations where early action is critical.
Do you only deal with individual cases?
No. We also act in strategic cases that challenge wider unlawful practices or policies affecting groups of people.
Do you work across different areas of law?
Yes. Our team works across Public Law, Education, Family and Human Rights, allowing us to take a joined-up approach to complex issues.
Helpful Resources
You may find the following independent resources useful for general information:
These organisations provide general guidance, but they cannot give advice specific to your situation.
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 about costs or funding, 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.