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If a council, government department, the police, or another public body has treated you unreasonably or acted outside its powers, you're likely to feel frustrated and unsure of what you can do about it. Wanting to know whether you can challenge that decision, and how, is a natural response.
Whether you've received a decision you believe is wrong, been refused a service you're entitled to, or lost a loved one in circumstances where a public authority may be at fault, our Public Law and Human Rights Solicitors might be able to help you.
Public bodies must act within the law and follow fair decision-making processes. Under the Human Rights Act 1998, public authorities must also act in a way that is compatible with the rights protected by the European Convention on Human Rights, subject to limited exceptions.
Depending on what has happened, you may be able to challenge a decision through Judicial Review, bring a claim against a public authority or seek legal representation at an inquest.
Our specialist Public Law and Human Rights team has years of experience holding public authorities to account, from local councils and government departments to the police and prisons. Although we act firmly when representing you, our legal advice is compassionate and sensitive, whilst ensuring we are always honest with you regarding your legal position.
For help and legal advice, call our experts on 0800 260 5010 for a free, no-obligation claims assessment, or request a callback at a time that suits you.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
From understanding your rights to what happens during a claim, our Public Law & Human Rights Claims content hub brings together expert insight, practical guides and real client outcomes.
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It's important to seek legal advice as soon as possible if you believe a public body has acted unlawfully. Judicial Review claims must be brought promptly and, in most cases, no later than three months after the grounds for the claim first arose. Some types of Judicial Review have even shorter time limits.
Contacting us early gives our experts more time to assess what has happened, explain the options available and take any necessary action within the relevant deadline.
Taking on a public body such as a council or the police can feel like an uneven fight, especially if you've never dealt with this area of law before. Our Public Law and Human Rights Solicitors are recognised in Chambers and Partners and The Legal 500 for our work in Administrative and Public Law, and Human Rights and Civil Liberties, and we're proud to be rated 'Excellent' by our clients on Trustpilot.
We represent bereaved families at inquests, challenge unlawful decisions by councils and government departments, and bring claims for compensation when a public body has breached someone's human rights. We will explain the legal process clearly, keep you updated as your case progresses and make sure you understand your options at each stage.
Simpson Millar holds a Legal Aid Agency contract, and we can assess your eligibility for Legal Aid to fund your case. Where Legal Aid doesn't apply, we can discuss other funding options, including No Win, No Fee agreements, damages-based agreements, crowdfunding, and fixed-fee packages.
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Judicial Review is a legal process used to challenge the lawfulness of a decision, action or failure to act by a public body.
Rather than deciding whether the outcome was simply right or wrong, the court considers whether the public body acted within its legal powers, followed a fair process and complied with its legal duties.
Judicial Review can be used to challenge decisions made by organisations including Local Authorities, government departments, the police, prisons and other bodies carrying out public functions.
If a Judicial Review succeeds, the court may quash a decision, require a public body to take or reconsider a particular action, prevent it from acting unlawfully or make a declaration about the legal position. The exact remedy will depend on the circumstances of the case.
You must bring a Judicial Review claim promptly and, in most cases, no later than three months after the grounds for the challenge first arose.
Because of this tight timeframe, it's important to contact us as soon as you're aware of a decision you believe is unlawful, so we can assess your case and act quickly if a claim is appropriate.
We've brought Judicial Review challenges against a wide range of public bodies, covering issues such as decisions by the police not to investigate or prosecute a crime, community care and children's rights failures. We've also challenged unlawful policies operated by central or local government, and decisions to cut services.
If the police have decided not to investigate or prosecute a crime, and you believe that decision was unlawful or irrational, this could be challenged through a Judicial Review. We can review the circumstances of the decision and advise you on whether a legal challenge is appropriate.
An inquest is a fact-finding investigation led by a coroner into the circumstances of a person’s death. Its purpose is to establish who the person was and how, when and where they died. In some cases, particularly where Article 2 of the European Convention on Human Rights is engaged, the investigation may consider the circumstances surrounding the death in greater detail.
An inquest is an investigation rather than a trial. Its purpose is to establish the facts surrounding a person’s death, rather than decide who is legally responsible. This means they are not trials and do not determine criminal or civil liability. The coroner decides the scope of the investigation, considers the evidence and hears from relevant witnesses. In some cases, a jury will also be involved. Bereaved family members may be recognised as Interested Persons and can participate in the proceedings.
Our Public Law and Human Rights Solicitors can advise and represent you throughout the inquest process, including helping you understand the evidence, preparing for hearings and asking relevant questions on your behalf.
If the evidence raised during an inquest suggests that another person or organisation may have been legally responsible for your loved one's death, we can also advise you on whether a separate civil claim may be possible.
Legal Aid may be available to help with an inquest, but the type of funding will depend on your circumstances.
Legal Help can cover advice and preparation before an inquest and is usually subject to a financial eligibility test. If you need a solicitor or barrister to represent you at the inquest hearing, funding may be available through Exceptional Case Funding.
Exceptional Case Funding for representation at an inquest is not means tested. It may be available where legal representation is required to protect your human rights, or where there is a wider public interest in the family being represented.
Our team can assess what funding may be available and explain the application process.
You may be able to claim compensation if a public authority has breached your human rights and this has caused you harm. Whether compensation is available, and how much you may receive, will depend on the circumstances of your case and the impact the breach has had on you.
Unlawful deprivation of liberty happens when someone's freedom is restricted, for example in a care home or hospital, without the correct legal authorisation in place. If you or a loved one has experienced this, we can advise you on challenging the decision.
Simpson Millar has a Legal Aid Agency contract, and we can assess whether you're eligible for Legal Aid to fund your case. Where Legal Aid isn't available, we can discuss alternatives such as a No Win, No Fee agreement, damages-based agreement, crowdfunding, or fixed-fee packages, depending on what suits your situation.
Judicial review is used to challenge whether a public body's decision, action or failure to act was lawful. If the challenge succeeds, the court may cancel the decision or require the public body to reconsider it.
A compensation claim is different because it seeks damages for harm you have suffered where there is a legal basis for compensation. In some cases, both routes may be available.
Yes, where a policy operated by a Local Authority or central government is found to be unlawful, a court can declare it unlawful and require the public body to change how it operates. We've brought challenges of this kind on behalf of individual clients as well as groups of people affected by the same unlawful policy.
Contact our Public Law and Human Rights Solicitors as early as possible, since time limits for legal challenges, particularly Judicial Review, are short. We'll listen to what's happened, explain the options available to you, and advise you on the best way to hold the public body to account.
Yes, you can bring a friend or family member to support you during an inquest, and we'll make sure you understand what to expect at each stage of the hearing. We know how difficult this process can be, and we'll do everything we can to make you feel supported throughout.
In some circumstances, yes. Judicial Review can be used to challenge the lawfulness of certain Home Office decisions or failures relating to asylum and immigration.
This may include cases involving unlawful immigration detention, removal from the UK, delays or failures to make a decision, asylum support, or decisions relating to human trafficking and modern slavery.
Whether Judicial Review is the right route will depend on the type of decision and whether another appeal or review process is available.
For help and legal advice, call our experts on 0800 260 5010 for a free, no-obligation claims assessment, or request a callback at a time that suits you.
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Public authorities must act lawfully, fairly and in accordance with their legal duties. This guide explains when public bodies may be held accountable for unlawful decisions, human rights breaches or failures to fulfil their responsibilities. It also outlines the legal options that may be available, including judicial review and compensation claims, and why obtaining specialist legal advice promptly is important.
The Legal Aid Agency reversed its refusal of Exceptional Case Funding and Legal Help following a pre-action judicial review challenge brought by Simpson Millar's Public Law and Human Rights team. The case highlights how applicants outside the family categories prescribed by LASPO may still qualify for legal aid where Convention rights are engaged and demonstrates the importance of challenging funding decisions where an initial refusal may be based on an overly restrictive interpretation of the law.
The Home Office's proposed use of AI-assisted Facial Age Estimation (FAE) for asylum seekers has raised significant legal and safeguarding concerns. This article explores how the technology works, the legal framework governing age assessments, why children's organisations are concerned, and whether AI can be used consistently with existing protections. It also explains how disputed age assessments can be challenged and what the growing use of AI could mean for children's rights.
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