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Scotland

Preparation for challenges

This section contains information for advising clients who wish to challenge local authority decisions.

In preparing to challenge a local authority decision, it is important to:

  • swiftly identify as precisely as possible the nature of the dispute between the parties, and in particular check whether full reasons have been given by the local authority for its decision and whether the local authority has considered all the circumstances

  • compile all the information relevant to the case in order to identify the key points in the dispute

  • consult case law to check whether challenges have been made to local authority decisions on similar points

  • enter into negotiation if appropriate

  • identify the appropriate review or appeal procedures if any, including relevant time limits, and pursue them until they are exhausted

  • consider from the beginning the possibilities of judicial review and be prepared to move for judicial review as soon as is appropriate.

This content applies to Scotland

Last updated: 29 December 2014