Courtesy of Ian Dunt @ Politics.co.uk:
When the local council gave permission to put up a 66 metre wind turbine next to the home of Chris and Julia Holder, it initially seemed they were powerless to stop it. Despite 1,125 letters of objections, the plans went through. It was judicial review which gave the couple the ability to fight the case in the Court of Appeal.
When the Department for Education stripped headteachers of their discretion to approve absences during term-time, a group of parents suddenly found they couldn’t afford to take their kids on trips overseas. They used judicial review to challenge the decision.
When Sefton Borough Council refused to fund care for elderly Ms Blanchard until she’d diminished her savings to £1,500, it was judicial review which ended up finding the policy unlawful. The decision forced 120 other authorities to review their budget decisions and saved vulnerable people from having their savings slashed to pay for care.
Judicial review sounds boring. You shouldn’t put it in a headline, as I have, because people won’t click on it. You can’t mention it across a dinner table because everyone will stare at their plate and wait for you to shut up. But it is one of the most powerful tools citizens have over their government. In almost every case of injustice by the Home Office I’ve come across – especially in relation to immigration and asylum – it is judicial review which allowed the most vulnerable people in the country to challenge the most powerful.
When Chris Grayling was found to have turned legal aid into “an instrument of discrimination”, it was because of judicial review. When two immigration officers detained, shouted at, bullied, harassed, imprisoned and conspired against an innocent Indian mother, how did her family fight the case? Judicial review.
So of course it should come as no surprise that the government is trying to dismantle it in the Lords this afternoon. They will do so not by banning it or anything as obvious as that. Instead they will do what the coalition always does: price it out. They will make it too expensive and risky for anyone but the most reckless and wealthy to contemplate. Continue reading