Judicial review plans will 'undermine public trust in authorities'

The Government believes that the opportunity to challenge the decisions and actions of public authorities is in some cases being abused and being used as a delaying tactic. It points to the significant increase in the number of judicial review cases but the small proportion of cases with a reasonable prospect of success. The result is that it is taking longer for judicial reviews to be heard causing cost to public finances and delay to projects.

The Government’s solution is to tighten rules on standing and the procedures for permission to bring judicial review; to increase fees for bringing judicial review; and to withdraw legal aid for preparatory work on judicial review cases which do not obtain permission to be heard.

This afternoon the Law Society will be hosting a meeting of the All Party Parliamentary Group on Legal and Constitutional Affairs at the House of Lords. The meeting – with panellist MPs Robert Buckland and Valerie Vaz, as well as Shelter’s principal solicitor, John Gallagher – will provide the opportunity to debate whether the contemporary use of judicial review is perverting the democratic will and is being used inappropriately as a delaying tactic or as a campaigning tool.

It will air the question of whether the Government is mistaken in its proposals, insofar as they will restrict citizens’ ability to challenge public authorities. One of the key issues will be the Government’s wish to interfere in a procedure whose development has been largely driven by the judiciary.

The Law Societyitself has taken a very critical view of the Government’s proposals, regarding them as a real threat to one of our democratic rights and likely to undermine popular acceptance of the decisions of public authorities.

The total number of judicial review cases submitted and cases heard remains comparatively small for a jurisdiction of the size of England and Wales. The majority of claims are genuine claims reflecting strongly arguable cases which should not be prohibited. Rather, the approach should be to encourage public authorities to take greater care to ensure that their decision making is legally sound.

It is the Society’s view that these proposals will serve to make it more difficult and more expensive for members of the public and NGOs to challenge the actions and decisions of public bodies.

The All Party Parliamentary Group on Legal and Constitutional Affairs will be meeting today from 5.30 - 6.30pm, in Committee Room 2a, in the House of Lords