Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment she has made of the potential impact of the number of legal aid public law solicitors on an individual's ability to bring Judicial Review proceedings within the current three-month time limit.

Under Civil Procedure Rules Part 54, judicial review claims must be filed promptly and no later than three months after the grounds for the claim first arose, subject to shorter statutory time limits in particular areas such as planning cases.

Claimants can apply to the Court for an extension of time when filing their claim form if they are unable to meet the three-month deadline, for example if they are having difficulties securing legal representation in that time. In determining whether to grant an extension of time, the Court will consider all the circumstances, including whether an adequate explanation has been given for the delay and whether an extension will cause substantial hardship or prejudice to other parties or be detrimental to good administration. Further information can be found in the Administrative Court Judicial Review Guide.

It is the Government’s view that the three-month time limit, with the possibility of extension at the Court’s discretion, provides the right balance between ensuring individuals have adequate opportunity to challenge the lawfulness of public decisions and providing legal certainty for those public decisions.

The scope of legal aid is set out under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).  Legal aid is available for legal services provided in relation to judicial review of an enactment, decision, act or omission subject to the application of an assessment of the merits of the case and an assessment of financial eligibility. Not all cases will qualify for legal aid.

Legal aid services for judicial reviews can be undertaken by providers holding a Public Law contract or a contract in the relevant underlying area of law e.g. housing or immigration. This means that the available supply of legal aid solicitors able to assist with a judicial review is not limited to those holding a Public Law contract.

Individuals can use the ‘Find a legal aid adviser’ search tool on GOV.UK to locate legal aid solicitors nearby using the following link: Find a Legal Aid Adviser or Family Mediator.