Judicial review

It might not be possible to appeal to the county court against the council's decision about your homelessness application. But you may be able to get the decision changed by judicial review.

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.

Judicial review must be started in the High Court. You will need legal advice and representation to help take your case to court.

When judicial review can 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) when deciding whether the temporary accommodation they have provided is suitable or not, while it looks into your situation
  • refuses to review its original decision
  • unreasonably refuses to provide accommodation while a review is being carried out.

Accommodation from the council during judicial review

Ask the council if it can help you with accommodation while you wait for a decision about judicial review.

Get advice about accommodation and judicial review.

Use Shelter's directory to find a Shelter advice centre, Citizens Advice or other advice agency in your area.

Get help and advice to apply for judicial review

Get legal help and advice 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.

Contact the Civil Legal Advice helpline on 0345 345 4 345. You may be able to get help from a legal aid lawyer if you claim certain benefits or have a low income.

Anyone can call Shelter's free national helpline on 0808 800 4444.

For face to face help, use Shelter's directory to find a housing adviser at a Shelter advice service, Citizen's Advice or law centre.

Have the papers you received from the council and the court with you when you speak to an adviser.


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