Taking the council to judicial review

This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

In some cases, you may be able to take the council to court over their decision. This is called a judicial review. You may be able to get accommodation from the council while the judicial review is carried out.

What is judicial review?

Judicial review is a type of legal action that can be used to challenge decisions made by public organisations such as the council. It is used to challenge the way that decisions have been made, rather than the decisions themselves. A judicial review can't impose its own decision on your case, but it can overturn the council's decision and make the housing department look at it again.

Where can I find out more?

If you want to take the council to court for a judicial review, you'll need to get expert advice from a solicitor. To find out more, read the page on judicial review in the complaints and court action section. This will tell you:

  • what judicial review is
  • how it can help you, and
  • where to get help if judicial review isn't appropriate in your case.

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