Judicial review — basics for family-adjacent decisions

REVIEWED BY: Sean McNamara on 2026-09-01

What judicial review is

Judicial review (JR) is a court procedure where a judge examines whether a public body (a council, a government department, a tribunal, sometimes a court) acted lawfully. JR does not re-make the decision — it asks whether the decision-maker:

exceeded their legal powers, or failed to use a discretion they had;
followed a fair procedure (for example, ignoring relevant material or considering irrelevant material);
reached a decision that is irrational — one no reasonable decision-maker could reach;
breached a legitimate expectation or the person's human rights.

Where it touches family cases

Family court decisions themselves are normally challenged by appeal, not JR. But JR can be relevant to decisions around family cases, for example:

a council's failure to provide support it owed under children's legislation or a failure to assess;
refusals of housing assistance that interact with children's welfare;
decisions by public authorities about contact centres or commissioning of services;
some Immigration and Asylum Chamber decisions affecting a family (appeal routes usually come first).

Time limit — short and strict

A JR claim must generally be filed promptly and in any event within 3 months of the decision. Some areas have even shorter internal deadlines (for example, complaining first through the body's own process can be required). If you miss the window, you need the court's permission to continue out of time — not granted lightly.

Permission stage

JR is two-stage. First, an upper tribunal or the Administrative Court decides whether the case has arguable merit (permission). Most claims fail at this stage. Only if permission is granted does a full hearing happen. Legal aid for JR is possible but merit-tested at the permission stage.

Practical advice

Get advice early — 3 months disappears fast.
Exhaust the body's own complaints or appeal route first where one exists; JR is normally a last resort.
Keep every letter, decision notice and date — the paper trail is your evidence.

Official links

https://www.gov.uk/courts-tribunals (courts overview)
https://www.justice.gov.uk/courts/rcj-rolls-building/administrative-court
https://www.gov.uk/government/publications/public-law-outline (family public-law context)

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.