Judicial Review

Your plain-English guide to challenging unlawful housing decisions through the courts.

Time is critical. Most Judicial Review claims must be filed within 3 months of the decision being challenged. In some housing cases, the limit is shorter. Act quickly — contact us or a solicitor as soon as possible after a decision is made.

What Is Judicial Review?

Judicial Review (JR) is a legal process in the High Court that allows individuals to challenge decisions made by public authorities — including local councils — when those decisions are unlawful. It does not re-take the decision; instead it examines how the decision was made, and whether the authority acted within its legal powers.

In housing, JR can be used to challenge homelessness decisions, temporary accommodation refusals, housing allocation decisions, and — increasingly — procurement decisions where the public interest is engaged.

Grounds for Judicial Review

Illegality

The authority acted outside its legal powers, applied the wrong legal test, or misunderstood the law. Common in homelessness decisions where incorrect statutory criteria are applied.

Irrationality

The decision was so unreasonable that no reasonable authority could have made it (the "Wednesbury" test). A very high bar, but applicable where decisions are arbitrary or ignore relevant facts.

Procedural Unfairness

The authority failed to follow fair procedures — for example, not giving someone the chance to be heard, or failing to consider relevant information before deciding.

Human Rights / Proportionality

The decision interferes disproportionately with rights under the Human Rights Act 1998 — particularly Article 8 (right to private and family life) and Article 3 (prohibition of inhuman treatment).

The JR Process

Pre-Action Protocol Letter Before filing a claim, you (or your solicitor) must send a formal letter to the authority setting out the grounds of challenge and giving them 14 days to respond. This often leads to the decision being reconsidered.
Permission Stage A judge reviews the claim papers to decide whether there is an "arguable" case. This is done on paper (without a hearing) in most cases. About 30–40% of claims are granted permission.
Full Hearing If permission is granted, the case proceeds to a full hearing before a judge. Both parties make legal arguments. This typically takes several months to reach.
Remedies If the challenge succeeds, the court can quash the decision (void it), declare it unlawful, or order the authority to reconsider. Damages are rarely awarded but possible in Human Rights cases.

Costs warning: JR can be expensive. Legal aid is available in housing cases for those who qualify. If you lose, you may be ordered to pay the other side's costs. Our legal team will always advise on cost risk before recommending you proceed.

Housing Decisions We Can Help With

Homelessness applications refused or assessed incorrectly
Priority need assessments — including intentional homelessness findings
Temporary accommodation — refusals, unsuitable placements, out-of-area moves
Section 202 statutory review decisions that remain unlawful
Housing allocation: exclusion from waiting list or incorrect banding
Procurement decisions — direct awards affecting housing supply
Planning decisions with significant housing impact

How BHHC Helps

The coalition's legal advisors review anonymous case submissions, identify potential JR grounds, and help you understand your options. We do not provide regulated legal advice — we signpost and support. All initial reviews are free and confidential.

Where a case has merit, we can connect you with specialist housing solicitors, legal aid providers, and support organisations. We can also provide supporting evidence and documentation from our campaign research.

Submit Your Case Anonymously

No name required. No personal details shared. Tell us the facts and we will help.

Go to Legal Portal →