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One consultation size does not fit all

Saara Idelbi discusses challenges over QASA, defeats for the Lord Chancellor and society’s interaction with public policy decision-making

25 November 2014

The last few months have been busy for judicial review. The spotlight has been on reforms which local and central government are seeking to implement, with bedroom tax, closure of elderly persons’ homes, quality assurance schemes, back-to-work schemes and funding arrangements all considered in the past quarter.

There was also a resounding defeat of key elements of the government’s plans to reform judicial review in the House of Lords at the end of October. The three blows concerned the proposals contained in part 4 of the Criminal Justice and Courts Bill, which included a provision to deny judicial review where a defendant could show:

  • the decision taken made no difference to a claimant’s situation (even if the decision itself was unlawful);

  • a requirement that

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