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Administrative law in the United Kingdom governs the activities and decisions of public authorities, such as government departments, local councils, and regulatory bodies. It ensures that these bodies act fairly, reasonably, and within the law when making decisions that affect individuals or organizations.
You may need a lawyer in administrative law if you believe a public body has acted unlawfully, unfairly, or unreasonably. Common situations where legal help may be required include challenging a decision made by a public authority, seeking judicial review of administrative actions, or making a complaint about maladministration.
In the United Kingdom, administrative law is primarily based on common law principles and statutory provisions. The key aspects of local laws that are particularly relevant to administrative law include the Human Rights Act 1998, the Freedom of Information Act 2000, and the Equality Act 2010.
Judicial review is a legal process through which individuals can challenge the lawfulness of decisions made by public bodies. It allows the courts to review the actions of public authorities and ensure they are acting within their legal powers.
You can challenge a decision made by a public authority through judicial review proceedings. This involves bringing a claim before the courts to seek a review of the decision and potentially have it overturned.
Maladministration refers to administrative actions or decisions that are unfair, unreasonable, or incorrect. It can encompass a wide range of conduct, such as negligence, bias, and procedural errors.
The Human Rights Act 1998 incorporates the rights set out in the European Convention on Human Rights into UK law. These rights include the right to life, freedom from torture and inhuman or degrading treatment, and the right to a fair trial.
You can make a complaint about maladministration to the relevant public body or ombudsman. They will investigate your complaint and take appropriate action if they find that maladministration has occurred.
The ombudsman is an independent body that investigates complaints about maladministration by public authorities. They aim to provide a remedy for individuals who have been unfairly treated by a public body.
The Freedom of Information Act 2000 gives individuals the right to access information held by public authorities. It aims to promote transparency and accountability in the administration of public services.
You can make a request for information under the Freedom of Information Act 2000 to the public authority holding the information. They are required to respond to your request within a specified timeframe and provide the requested information unless an exemption applies.
The Equality Act 2010 prohibits discrimination on the grounds of protected characteristics, such as age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity. It aims to ensure equal treatment and opportunities for all individuals.
You can challenge discrimination under the Equality Act 2010 by bringing a claim before the courts or making a complaint to the Equality and Human Rights Commission. They will investigate your complaint and take action if they find evidence of discrimination.
For further information and guidance on administrative law in the United Kingdom, you may find the following resources helpful: - The Law Society of England and Wales - The UK Government's Judiciary website - The UK Administrative Justice Institute
If you require legal assistance in administrative law, it is recommended that you seek advice from a qualified solicitor or barrister who specializes in this area of law. They can provide you with tailored advice and representation to help you resolve your legal issue effectively.
