Advice on Challenging Decisions

Often decisions are made by public bodies such as housing associations or local authorities which just do not feel right.  It is possible that those decisions are in fact unlawful or entirely unreasonable which would mean they can be challenged in the High Court.  This process is known as Judicial Review.

Our solicitors have been advising our clients in relation to such cases for generations. We have a highly successful record of reversing their decisions through legal challenges in the Courts. For more detail please see our public law page.

Examples of decisions which we may be able to challenge on your behalf include:

  • A failure to provide suitable accommodation for families, or tenants with special needs or disabilities.
  • A failure to take a homeless application when asked to.
  • A refusal to accommodate vulnerable people pending a decision on a homelessness application.
  • A failure to take appropriate preventative action to assist a person who approaches the Local Authority threatened with homeless or a failure to comply with the duty to provide relief.
  • A failure to comply with housing duties and obligations under the Children Act
  • A failure to provide housing following a referral to social services.
  • A failure on the part of a Local Authority or Housing Association to make decisions in line with their own policies.

There are numerous examples of Local Authorities acting unlawfully, where a judicial review can provide an effective remedy.

This complex area of law requires specialist representation. We appreciate the importance of securing a good outcome for all our clients. If you believe your Local Authority is acting unlawfully in relation to your housing case, or you simply need to understand if you have grounds to challenge your local authority, please contact us to see if we can help.

How can I get legal help?

  • Contact us

Our expert solicitors will assess your claim very carefully and provide you with the correct advice on what can be achieved and funding options.

  • Guidance

Our lawyers will clearly guide you on the legal process, keeping you up to date throughout.

  • Successful outcome

Our lawyers will work very hard to achieve the best and quickest outcome possible for your case.

Why should you speak to us?

  • Specialists

This complex area of law requires specialist representation. Hodge Jones and Allen, have the necessary housing, property and public law background to enable them to provide the highest standards of representation.

  • Understanding

We appreciate the importance of securing a good outcome for all our clients, hence, why our solicitors will work tirelessly on your behalf.  We will also ensure that we keep you properly informed and updated about your case throughout.

  • Funding

As one of the few firms to hold both a housing and public law franchise to enable us to provide legal aid, we are in a unique position to offer exceptionally experienced solicitors and advocates to assist you with every stage of dealing with these difficult matters. It is important to seek legal advice at the earliest opportunity as the time frames to challenge decisions is often short, and require consideration prior to starting the process.

Case studies

To see examples of how our solicitors have helped clients to challenge housing decisions, please see our case studies page.

Frequently asked questions

How long do I have to challenge a decision by way of Judicial Review?

A challenge must be issued at the High Court as soon as reasonably practicable and in any event within three months. As such speed is of the essence, any delay even under the three months needs to be justified.

How long do I have to serve the issued Judicial Review?

The application must be sent to the defendant within seven days and a certificate of service filed with the Court recording the same.

Failure to do so will in some cases result in your claim being struck out.

How is a judicial review funded?

There are a number of ways of funding a judicial review. It can be paid for on a private basis and steps can be taken to try to obtain costs protection. You are very unlikely to obtain After the Event Insurance on these types of matters.

A common method of funding is by way of legal aid supplied by the Legal Aid Agency. The test for legal aid involves assessment of means and merits, you can be assisted through this process by one of our experienced solicitors. If you do not meet the funding criteria, we can look at other methods of funding such as crowdfunding.

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