Judicial review

An individual can seek to challenge the policy, decision, action, or failure to act of a public body. This procedure is called judicial review.

In a judicial review,  a court is asked to look at a decision made by a public body and decide whether it was made in a lawful, fair, and reasonable manner.

The court does not look at whether or not it agrees with the public body's decision. The court instead looks at the way the decision was made.  If the court finds that the way the decision was made was unlawful, unfair, or unreasonable, it can order the public body to re-make the decision or to take a particular action.

Judicial review is normally only used when there is no other legal remedy available. Any claim for judicial review must be brought promptly and in any event within 3 months of the decision or action complained of.

Find out more about the process of judicial review:

• Read IPSEA's information on the judicial review process
• Find out if you're eligible for Legal Aid
• Read the IASSN's guidance on judicial review