The most important question is not whether the decision feels unfair. It is which legal or complaint route has power to examine it and provide the outcome required. A complaint can address administration, but it may not preserve or replace a review, tribunal appeal or judicial review.
Key points
- Read the decision notice first. It may contain a specialist review or appeal route and a short deadline.
- Separate disagreement with the result from alleged procedural fault, factual error, discrimination or failure to give reasons.
- Use an adequate alternative remedy before judicial review unless urgent circumstances or the legal framework justify otherwise.
- Do not assume that an ombudsman can replace the original decision with its own preferred outcome.
Route map
Match the problem to the power you need
| Problem | Route to check | What it may do |
|---|---|---|
| The body made a service or administrative mistake | Complaint and ombudsman | Investigate fault, injustice and remedy |
| The legislation provides reconsideration or review | Statutory review | Reconsider the decision under the stated test |
| A tribunal or court appeal is available | Appeal | Determine the issues within the appeal jurisdiction |
| The decision may be unlawful and no adequate appeal exists | Judicial review | Review lawfulness, procedure and public-law error |
| The problem is discrimination or failure to adjust access | Equality complaint and, where appropriate, legal claim | Address Equality Act duties and remedies |
First step
Audit the decision notice
- Identify the decision
Record the decision-maker, date, statutory power, reference and effective date. - Find the route
Locate every review, appeal, complaint and external referral provision. - Record deadlines
Use the date of the decision or notification required by the governing scheme. - List the grounds
Separate fact, law, procedure, reasons, equality and remedy. - Preserve evidence
Keep the application, evidence supplied, policy version and complete decision notice.
Reasons and evidence
Ask focused questions without delaying the formal route
Where reasons are missing or unclear, ask which facts were accepted, which evidence was rejected, which policy or statutory test was applied and who made the decision. A proportionate information request can clarify the case, but it should not become a reason to miss an appeal deadline.
Court route
Judicial review is about lawfulness, not a general rehearing
Judicial review may examine a public decision, action or failure to act. It is generally a remedy of last resort where no adequate alternative exists. A claim must normally be filed promptly and, in any event, within three months of the grounds arising. Some areas have shorter limits. Pre-action correspondence does not stop time running. Specialist legal advice should be obtained quickly.
Evidence
Keep one decision file
- application or request made to the public body
- evidence and representations supplied
- policy and guidance version in force
- decision notice and reasons
- review or appeal forms and proof of submission
- complaint correspondence kept separately
- a deadline sheet for every available route
Official sources
Check the current rules behind this guide
- Pre-Action Protocol for Judicial Review
Official protocol covering purpose, alternatives, letters before claim and time-limit warnings. - Civil Procedure Rules Part 54
The procedural rules for judicial review and statutory review. - Find a court or tribunal
Official service for locating the relevant court or tribunal.
These are official or primary sources. Local policies, statutory guidance, legislation and deadlines can change. Check the live source and the decision notice before acting.