Explain

Judicial review

Judicial review is a claim in the High Court about a public body, such as a council. The claim is that it acted outside its legal powers or made a decision in the wrong way. The court looks at how a decision was made, not at which choice was better. A claim must be made promptly and within 3 months of the grounds arising, and the court's permission is needed. A person who loses can be ordered to pay the other side's costs.

A pre-action letter is normally sent first. Judicial review has been used, for example, where a council did not make a decision within a time limit or did not secure the provision in a plan.

Type of rule

Law (Act or Regulations)

Rule id

judicial_review

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Civil Procedure Rules, r 54.5Law (Act or Regulations)
• Senior Courts Act 1981, s 31(3)Law (Act or Regulations)
• R (W) v Hertfordshire County Council [2023] EWHC 3138 (Admin)Case law, to verifyStill to confirm the citation, the holding, that the decision has not been overturned on appeal, and that it is treated as binding on the First-tier Tribunal.

Related

• Pre-action letter (before judicial review)
• The council's duty to secure the provision (section 42)
• Time limits for assessments and plans (6, 16 and 20 weeks)
• Local Government and Social Care Ombudsman (LGSCO)

In an assistant, the ehcp_challenge_options tool helps with this: Ways to challenge a decision.

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