Government launches independent panel to look at judicial review
A panel of experts will examine if there is a need to reform the judicial review process after an independent review was launched by government in July.
The Government has launched an independent review of administrative law. This comprises an expert panel examining the need for potential reforms of judicial review. It forms part of government plans to ensure right balance is struck between citizen’s rights and effective governance.
This effects family law as judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.
If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court.
For example, decisions of local authorities in the exercise of their duties to provide various welfare benefits and special education for children in need of such education may fall within the range of judicial review.