Judicial review

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

It isn't always possible to appeal against the council's decision about your homelessness application to the county court. In these cases, you may be able to get the decision changed by judicial review. You may be able to get accommodation from the council while the judicial review is carried out.

What is judicial review?

Judicial review is a type of legal action that can be used to challenge decisions made by public organisations such as the council. It is used to challenge the way that decisions have been made, rather than the decisions themselves.

It can be difficult to use judicial review. It has to be started in the High Court and you will need specialist help.

When can judicial review be used?

Examples of when judicial review can be used include when the council:

• refuses to house you while it carries out enquiries
• ignores relevant factors (such as your health) in deciding whether temporary accommodation provided while it looks into your situation is suitable or not
• refuses to review its original decision
• unreasonably refuses to provide accommodation while a review is being carried out.

Will I need help?

Yes. Judicial review can be very complicated, so you should get specialist help before taking any action. An adviser or solicitor can tell you whether you have a good case and may be able to help with practical matters such as filling in court forms and preparing for hearings.

You can find a local advice centre in the Advice Services Directory. Alternatively, visit the Community Legal Advice Directory for details of local solicitors and to check whether you are eligible for legal aid.