What is Judicial Review?
If you have been affected by a decision of the State, a State Body or a Regulatory Body and you are dissatisfied with that decision, you can challenge that decision in the Courts. The application that you make to the Court to challenge such a decision is known as an application for Judicial Review.
What decisions can be Judicially Reviewed?
Judicial Review applications frequently arise in relation to the following areas:
- Social Welfare Refusals;
- Disability Law;
- Childcare Law;
- Suspensions and Expulsions from Secondary Schools and Third Level Institutions;
- Revenue Decisions;
- Decisions of Planning Authorities;
- Decisions of County Councils and Local Authorities;
- Orders of the District or Circuit Court;
- Decisions of Semi-State Bodies;
- Ministerial Decisions;
- Inquest Verdicts;
- Decisions of Sporting Bodies;
- Decisions of Professional Regulatory Bodies including:
-The Teaching Council;
-Education and Training Boards;
-Nursing and Midwifery Board of Ireland;
-Irish Medical Council;
-Law Society of Ireland;
-Pharmaceutical Society of Ireland;
Time Limit –
An application for Judicial Review must be made within 3 months of the date of the decision. In some cases, if there is a good and sufficient reason for doing so, the Court may consider an application made after the 3 month time limit however this will be entirely at the discretion of the Court.
Decision v Decision Making Process –
The laws establishing State and Regulatory Bodies often set out strict legal procedures that these bodies must follow in arriving at a decision. While the Courts are entitled to review the merits of the decision itself, it is frequently the case that a Judicial Review application will be successful due to the incorrect procedure being followed when arriving at the decision.
What happens if my application for Judicial Review is successful –
If your application is successful, the Court may order one or more of the following:
- Certiorari – An order quashing the decision;
- Remittal – An order requiring the body to reconsider the decision;
- Mandamus – An order requiring the body to perform a statutory duty;
- Prohibition – An order preventing the body from acting unlawfully;
- Damages – An order requiring the body to pay compensation to you;
- Injunctive Relief – An order requiring the body to act or preventing the body from acting, usually given at an early stage in proceedings pending the outcome of the substantive Judicial Review application;
What to do if you are dissatisfied with a decision of the State, a State Body or a Regulatory Body –
If you are dissatisfied with a decision and wish to Judicially Review that decision, gather all correspondence from the body concerned and contact our offices without delay on 042 93 28053.