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Welfare Benefits Handbook 2025/26
This content was last updated:
01 Dec 2025
Chapter 53: Applying for judicial review
Welfare Benefits Handbook 2025/26
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Welfare Benefits Handbook 2025/26
Part 8: Getting a benefit decision changed
Chapter 53: Applying for judicial review
Back to previous
Chapter 53: Applying for judicial review
Key facts
1. The judicial review process
Time limit
When to consider judicial review
2. Grounds for judicial review
Failure to follow the law
Failure to make a decision or to make a decision within a reasonable time
Failure to exercise discretion
Failure to take into account relevant evidence, or taking irrelevant evidence into account
Failure to make enquiries
Failure to follow guidance, or applying unlawful guidance
Discrimination and breach of human rights
Irrationality
3. The pre-action protocol
The letter before claim
4. Judicial review in the High Court or Court of Session
England and Wales
Scotland
5. Judicial review in the Upper Tribunal
Challenging a decision of the First-tier Tribunal
Transferring judicial review cases to the Upper Tribunal
Challenging refusal of permission to appeal to the Upper Tribunal
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CPAG. "Chapter 53: Applying for judicial review." In
Welfare Benefits Handbook 2025/26.
, 2025. Accessed March 6, 2026.
CPAG,
https://askcpag.org.uk/?id=-265782CITANCHOR.
CPAG. "Chapter 53: Applying for judicial review." In
Welfare Benefits Handbook 2025/26.
, 2025. Accessed March 6, 2026. https://askcpag.org.uk/?id=-265782CITANCHOR.
Contributor(s):
CPAG
Title:
Welfare Benefits Handbook 2025/26
Site name:
CPAG
Publisher:
Publication date:
March 21, 2025
Date accessed:
March 6, 2026
URL:
https://askcpag.org.uk/?id=-265782CITANCHOR
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