Public Law, Benefits & Education Solicitors — Challenging Decisions That Affect Your Life

In most cases, mandatory reconsideration must be requested within 1 month of the decision (or within 13 months with a good reason for the delay). If a mandatory reconsideration decision is then given, the tribunal appeal must be lodged within 1 month of that decision. For older decisions, it may be necessary to argue that there are special reasons for the late appeal, or to challenge a new decision on the same benefit. Some benefit decisions (overpayment recovery) have their own separate appeal routes. A solicitor advises on whether a late appeal is possible and what route is best in your circumstances.

Legal aid is available for judicial review proceedings (subject to the Legal Aid Agency's means and merits tests), certain inquest representation (where legal aid is granted for Article 2 ECHR inquests), and community care disputes (in some circumstances). Legal aid is not generally available for First-tier Tribunal (Social Security and Child Support) appeals — but the success rates at SSCS tribunal are significantly higher with solicitor representation, and some solicitors operate on a fixed-fee or no-win-no-fee basis for benefit appeals. A solicitor advises on the funding options available for your specific type of dispute.

A benefits appeal (through mandatory reconsideration and then the First-tier Tribunal) challenges the merits of the decision — whether, on the facts and the applicable law, you are entitled to the benefit. The tribunal substitutes its own decision for the DWP's. A judicial review challenges the lawfulness of a decision-making process — whether the public body had the legal power to make the decision, followed the correct procedure, and acted rationally. JR is appropriate where there is no statutory appeal route, or where the decision was made in a procedurally unlawful way (without considering all relevant factors, in breach of a legitimate expectation, or in violation of human rights). In many cases, both a statutory appeal and a JR may be available — a solicitor advises on the best route.

Yes — local authorities have statutory duties under the Care Act 2014 (social care needs assessments and care provision), the Housing Act 1996 (homelessness duty), and the Children Act 1989 (children in need). Where a council fails to carry out a needs assessment, provides an inadequate care package, fails to involve the individual in decision-making, or ignores a decision that a higher-needs assessment is warranted, judicial review is available to compel compliance with the statutory duty. The pre-action protocol letter alone is often sufficient to prompt the council to reconsider. A solicitor advises on the specific duty that has been breached and the most effective route to compel the council to act.

At a coroner's inquest, a solicitor acts as an "interested person" representative — typically for the family of the deceased. A solicitor: reviews disclosure documents (post-mortem reports, medical records, CCTV, witness statements) and requests additional disclosure where needed; prepares questions for witnesses (doctors, care staff, police officers, ambulance crews) for the coroner and jury to hear; makes legal submissions on the scope of the inquest (including whether it should be enhanced under Article 2 ECHR where the death involved a public authority); and can appeal to the High Court by way of judicial review if the coroner's approach is unlawful. Legal aid is available for Article 2 ECHR inquests for qualifying families.