Grounds for judicial review
It should be noted that it is not necessary to exhaust all informal rights of appeal provided by local authorities. Since these are not statutory remedies, they are not obligatory.
However, if the decision to be challenged relates to homelessness and is covered by the formal review process that local authorities must provide, this process must be exhausted before judicial review can be used.
- Initial considerations
- The principle of legality
- Duty to act fairly/observe natural justice
- Fair procedure
- Failure to meet legitimate expectation
- Consideration of irrelevant factors/failure to consider relevant factors
- Code of Guidance as a 'relevant factor'
- Irrelevant factors
- The proper exercise of discretion
- Fettering discretion
- Giving away discretion (unauthorised delegation)