Judicial Review

Rook Irwin Sweeney LLP has quickly developed a strong specialism in public law and human rights matters. – Legal 500, 2023

Rook Irwin Sweeney are highly regarded in the public law field. – Legal 500, 2023

Public bodies, such as central and local government, have to act in a manner that is rational, lawful and fair. If they don’t, their decisions can be challenged in court, and that process is known as judicial review.

Rook Irwin Sweeney LLP are experts in challenging decisions made by a wide range of public bodies, including central government, local authorities and health authorities. We offer advice and representations in judicial reviews challenging both individual decisions (often cuts to services for disabled children or adults) and strategic litigation against policies and budget cuts at both a local and national level, as well as planning and environmental decisions.

Many of our cases involve arguments under the Equality Act 2010, the Human Rights Act 1998, the European Convention on Human Rights, and issues of discrimination.

Our solicitors have a proven track record of winning ground-breaking cases in a range of areas, especially education, health and social care policy and planning and environmental law, and have won judicial review cases in the High Court, Court of Appeal and the Supreme Court. We are also regularly instructed by local and national charities and have acted on behalf of national charities in three separate Supreme Court cases in recent years.

In recent years we have acted in landmark judicial reviews seeking a change to the law on assisted dying in England & Wales; against the Secretary of State for Education and the Chancellor of the Exchequer challenging the level of funding for Special Educational Needs & Disabilities; in a range of cases challenging the award of government contracts, without competition, during the pandemic; in a case challenging waiting times for NHS treatment for children and adults; and in several cases challenging Local Authority traffic schemes introduced during the pandemic.

Our first aim is always to settle matters as quickly and economically as possible, and not all cases need to go to court; sometimes simply asking a public body to review its decision, or making a complaint to the body or relevant Ombudsman, can lead to the decision being overturned. We can advise on all available remedies on a wide range of issues, but the rules around challenging a public body’s decisions are complex, and expertise is needed to ensure that you receive accurate and prompt advice.

If you’ve been affected by a decision of a public body, we can advise on the options available to you.