By law, local authorities have a responsibility to assist people with parental responsibility in relation to the care of children. This responsibility includes the provision of services for families in their area and the provision of accommodation for children of those families.
Judicial Review is the legal process whereby the High Court exercises power to review the legality and validity of actions and decisions of bodies including local authorities. It is not a system of appeal. The purpose of a claim for judicial review is to review the lawfulness of a decision or failure to act in relation to a public function. Judicial Review should normally be used once any appeal on the merits is exhausted although it is possible for appeal and judicial review proceedings to be co-exist. The remedy of judicial review is discretionary. It is concerned with reviewing the decision making process. The purpose is to ensure that an individual is given fair treatment by an authority to which he has been subjected. It is not concerned with reviewing the merits of the decision in respect of which the application is made.
Proceedings are in the High Court and have to be commenced within a short timescale of the decision that is being complained of having been made.
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