Where a public authority (e.g. local authority, NHS Trust, CCG) acts unreasonably or irrationally, or exceeds its powers, then its decision (or failure to make a decision) may be susceptible to review by the High Court.

The court has various powers, the main one being to declare the decision unlawful and to require the authority to remake its decision in a lawful manner.

The firm has experience in bringing judicial reviews, particularly in mental health, community care and equality law.

The Human Rights Act 1998 incorporated the European Convention on Human Rights (http://www.echr.coe.int/Documents/Convention_ENG.pdf) into UK law.  Convention rights concerning liberty, degrading and inhuman treatment, family and private life, and discrimination are often relevant to the court’s exercise of its reviewing function in the areas of mental health, capacity and community care.

Challenges to decisions by public authorities that relay on breaches of Convention rights must normally be brought within 12 months of the breach.