Explain

Pre-action letter (before judicial review)

A pre-action letter is a formal letter sent to a public body before starting a judicial review claim. It says which decision, or lack of action, is being challenged, why, and what the person wants the body to do. The courts' pre-action protocol expects this step before a claim, and expects the body normally to reply within 14 days. The Civil Procedure Rules, which are law, say the time limit for judicial review cannot be extended by agreement, so sending a pre-action letter does not extend it.

Type of rule

Official guidance

Rule id

pre_action_letter

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Pre-Action Protocol for Judicial Review, paras 14 to 16 and 20, and Annex AOfficial guidance
• Civil Procedure Rules, r 54.5Law (Act or Regulations)
• Civil Procedure Rules, r 54.5(2)Law (Act or Regulations)

Related

• Judicial review
• The council's duty to secure the provision (section 42)

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

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