Judicial reviews explained – Following the recent ruling on Enfield Selective licensing
A judicial review recently exposed Enfield Borough Council’s unlawful consultation process when attempting to introduce a selective licensing scheme across the area. Local authorities are increasingly looking to implement licensing schemes and the argument that a judicial review should take place is often cited as a way to oppose their implementation.
However a judicial review will not explicitly rule out the possibility of licensing schemes being introduced so some confusion about exactly what a judicial review is for still exists. According to the Ministry of Justice, a judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made, but it is not concerned with whether the conclusions of a process are ‘right’ or ‘wrong’ and a judicial review doesn’t substitute what it thinks the ‘correct’ decision is. In the case of Enfield, the judicial review means that the council may be able to make the same decision again, so long as it does so in a lawful way.
More information about judicial review can be found at http://www.judiciary.gov.uk/yo…..al-review/ –
See more at: http://www.landlords.org.uk/ne…..eQFu1.dpuf
We discussed the Enfield case