Administrative Law in the UK: Holding Public Power Accountable

Introduction

When government departments, public bodies, or regulatory agencies make decisions that affect your life—such as issuing licenses, denying benefits, or revoking permits—who ensures that they follow the law? The answer lies in Administrative Law.

In the UK, administrative law is the branch of public law that governs how government institutions exercise power. It protects citizens from abuse, ensures transparency, and allows you to challenge unlawful decisions through legal channels like judicial review.

This article breaks down administrative law in simple terms and shows how it plays a crucial role in protecting the rights of individuals and upholding the rule of law.

What Is Administrative Law?

Administrative law is a field of public law focused on:

• Regulating the actions of public officials and bodies
• Ensuring government accountability
• Providing legal remedies when decisions are unfair, illegal, or irrational

It ensures that government actions:

• Comply with the law
• Respect human rights
• Remain within legal authority
• Are not arbitrary or unjust

Who Does Administrative Law Apply To?

Administrative law applies to a wide range of public authorities and government bodies, including:

• Local councils
• Government departments (e.g., Home Office, DWP)
• NHS trusts
• Immigration authorities
• Police and regulatory bodies
• Licensing boards

These bodies must follow lawful procedures when making decisions that impact individuals or businesses.

Examples of Decisions Covered by Administrative Law

Administrative law applies to public decisions such as:

• Refusal of a visa or immigration status
• Termination of benefits or pensions
• Granting or revoking licenses (e.g., business, driving)
• Denial of planning permission
• Removal of children from parental care by a local authority
• Disciplinary actions by professional regulators

When decisions are made improperly, you may have grounds for appeal or judicial review.

Key Principles of UK Administrative Law

UK administrative law is guided by several core principles to prevent misuse of power:

1. Legality

Public bodies must act within the powers given to them by Parliament. They cannot go beyond what the law allows.

2. Procedural Fairness (Natural Justice)

Public decisions must follow fair procedures, such as:

• The right to be heard
• The right to know the case against you
• No bias in decision-making

3. Reasonableness (Wednesbury Test)

Decisions must not be so unreasonable that no rational authority would make them.

4. Proportionality

The impact of a decision must not exceed what is necessary to achieve a legitimate goal—especially relevant in human rights cases.

5. Transparency

Public bodies must provide clear reasons for their decisions and act openly when using public powers.

What Is Judicial Review?

Judicial review is the primary legal mechanism in the UK for challenging the actions of public bodies.

If you believe a decision by a government department or public body is:

• Unlawful
• Unfair
• Irrational
• In breach of human rights

you can apply to the High Court for judicial review. If successful, the court may:

• Quash the decision
• Order the body to reconsider
• Grant compensation or declaratory relief (in rare cases)

Judicial review does not ask whether the decision was "right," only whether it was made lawfully.

Requirements for Judicial Review

To seek judicial review, you must meet the following criteria:

• Standing: You must be directly affected by the decision
• Time limit: You must apply within 3 months of the decision
• Public body: The authority must be exercising a public function
• Grounds for review: Must involve legality, fairness, irrationality, or human rights

Human Rights and Administrative Law

The Human Rights Act 1998 plays a major role in administrative law. All public authorities must act in accordance with the European Convention on Human Rights (ECHR).

You can challenge public decisions that breach rights such as:

• Article 6: Right to a fair trial
• Article 8: Right to private and family life
• Article 14: Protection from discrimination

Administrative law provides a framework for enforcing these rights.

Tribunals vs. Judicial Review

Many administrative decisions are first appealed through tribunals, which are less formal than courts but legally binding.

Examples:

• Immigration Tribunal
• Employment Tribunal
• Social Security Tribunal
• Mental Health Tribunal

If a tribunal fails to provide a just outcome, judicial review may still be an option.

Role of Administrative Law Solicitors

Specialist public law or administrative law solicitors help individuals:

• Navigate government bureaucracy
• Challenge unfair decisions
• Prepare for judicial review
• Present cases before tribunals
• Protect human rights

They are critical in high-stakes cases like:

• Deportation and asylum appeals
• Disability benefit disputes
• Discrimination by public bodies
• School exclusions and SEND disputes

Common Challenges in Administrative Law Cases

• Lack of legal aid or funding
• Tight deadlines for judicial review
• Difficulty proving irrationality or bias
• Complex documentation from public bodies
• Risk of cost orders in court

Because of these risks, it's crucial to consult legal professionals early in the process.

Final Thoughts: Why Administrative Law Matters

Administrative law ensures that government is not above the law.

In a democratic society, people have the right to challenge the decisions of those in power. Whether it's being denied benefits unfairly, facing deportation, or losing a license without due process—administrative law gives everyday citizens a voice against misuse of public authority.