Judicial review of a decision

Judicial review is the means by which the courts supervise public bodies. It is not an appeal against a decision itself but a challenge to the way in which the decision was made.

The basic principle of judicial review is that public authorities must act according to law. This may be broken down into a number of grounds of review. Collectively, these grounds are known as the ultra vires principle (from the Latin 'beyond the powers'). Individually they are the principle of legality, the duty to act fairly/observe natural justice, and the proper exercise of discretion.

Where a homeless decision has been unfavorable, in the first instance the applicant must submit a review.  If following a review it is believed that the local authority have failed to act within the law then judicial review may be possible.  See the section in Court and legal action - Judicial Review for more details on the requirements.

This content applies to Scotland

Last updated: 21 June 2018