Public law tends to examine relationships between individuals and the government, in the matters of wider public interest. Although this is not true in every case, most people assume that public law issues always lead to applications for judicial review and assessment by the High Court.
What is Judicial Review?
A claim for Judicial Review is the legal process of having the Court make a decision as to the lawfulness of a public body policy, act or omission. Judicial Review is the main tool which enables individuals to hold the government and public bodies to account.
You may have been the subject of a public-body decision which is flawed. Public bodies have a duty to make sure that any decision they take is rational, lawful and procedurally fair. If these duties have not been complied with, you may be able to challenge the decision of the body who made the decision with a Judicial Review claim.
This process is wide-ranging and allows individuals to challenge the decisions of all bodies that exercise a public law function, including:
- Central Government Departments
- The Police and CPS
- Coroners
- Prisons, the Probation Service and the Parole Board
- The Independent Police Complaints Commission
- Local Authorities and Social Services
- NHS trusts
If there is a decision you want to challenge, it is important to act as quickly as possible. Most Judicial Review claims must be brought within three months of the decision.
The help of a specialist public law solicitor can often help ensure that a public body acts lawfully and fairly. Public body representatives might be convinced to review their own decisions following a carefully crafted letter.
Where matters have gone seriously wrong, sometimes it is necessary to bring the matter to Court. Our solicitors are able to advise on the process of bringing such a claim to the High Court.
Most Judicial Review cases which we advise on are funded by Legal Aid. This is subject to a means and merits assessment, with which our team of experienced solicitors will be happy to assist.
Kesar & Co Solicitors firmly believe that individuals should be able to enforce their public law rights against the state. If you need help with the decision of a public body, we are here to help.
How to make a discrimination claim
Our Migrant Rights Department provides strategic, compassionate and effective legal representation to migrants, refugees, asylum seekers, victims of trafficking and vulnerable families. We specialise in challenging unlawful decisions and securing urgent support, accommodation and protection for individuals whose fundamental rights are at risk.
Our team acts in a wide range of public law matters, including:
- Age assessment and age dispute cases involving unaccompanied asylum-seeking children.
- Challenges to unlawful immigration detention and securing the release of individuals who have been unlawfully detained despite clear barriers to removal.
- Judicial review applications concerning asylum support and accommodation.
- Challenges to the suitability of asylum accommodation, including emergency relocation requests for vulnerable individuals and families.
- Obtaining suitable accommodation for survivors of trafficking, refugee families and vulnerable families experiencing serious safeguarding concerns.
- Support and accommodation for children and families under section 17 of the Children Act 1989.
- Representation for survivors of trafficking, exploitation and abuse, and CICA claims.
- Preventing homelessness for refugee families by securing emergency accommodation and ensuring local authorities comply with their statutory duties.
We understand that many migrant rights cases require immediate action. Our team is experienced in obtaining urgent remedies through negotiation, pre-action correspondence and judicial review proceedings, often preventing homelessness, detention, removal or other serious harm at very short notice.
Whether you are seeking support as an asylum seeker, refugee, victim of trafficking, child in need, or a family facing asylum accommodation and support difficulties, our Migrant Rights Department is committed to protecting your rights and securing the assistance to which you are entitled.
Please note that we are unable to assist with immigration matters including asylum claims, visa applications and other applications for residence in the United Kingdom.
Link to: Get in touch
Kesar & Co Solicitors is part of Kesar & Co Ltd. Company registration number 8235271.
Registered address: 27 London Road BR1 1DG.
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Kesar & Co support and promote Diversity and Inclusion Charter of the Law Society
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