Average time to progress through both stages of judicial review process in Northern Ireland exceeds a year

Comptroller and Auditor General also finds that decreasing number of judicial reviews does not support the view that there is an increasing appetite to challenge decisions made by public bodies through the process

The average time to progress through both stages of the judicial review process in Northern Ireland exceeds a year, a new report by the Northern Ireland Comptroller and Auditor General Dorinnia Carville has found.

Prepared under Article 8 of the Audit (Northern Ireland) Order 1987 – that provides the Comptroller and Auditor General with statutory authority to report to the Assembly on the economy, efficiency and effectiveness with which departments and other bodies have used their resources – the report presents a factual assessment of judicial review in the region, setting out key figures for the period between 2017 and 2022.

These include –

  • in relation to stage 1 of the judicial review process (applications for leave to apply for judicial review), there were 1,770 applications and 1,506 of these were disposed of. In addition, the figures show that 40 per cent of disposals were granted leave to apply for a judicial review (stage 2 of the process);
  • there were 515 applications for judicial review (stage 2) with 453 stage 2 applications disposed of by the court – 32 per cent of stage 2 disposals were granted by the court (the applicant was successful and the court found the respondent public body acted unlawfully); and
  • 13 per cent of applicants were successful at both stage 1 and stage 2 of the process.

In addition, the figures show that it took an average of 31 weeks from application to disposal at stage 1, and more than a year (57 weeks) on average from application to disposal at stage 2 (ranging between yearly averages of 22 and 38 weeks at stage 1 and 45 and 80 weeks at stage 2).

While the report stresses that it is important to note that it does not set out to challenge the principle or process of judicial review, nor to review or question any of the court’s decisions, it goes on to say that the time associated with court proceedings, even when the applicant is unsuccessful, can create significant delay to public bodies progressing projects or decisions. In addition, it finds that data in relation to judicial reviews is not collated in a way that allows easy identification of the grounds on which a judicial review is taken, or subsequently granted, so that it is difficult to assess if lessons are being learned.

Commenting on the findings, the Comptroller and Auditor General says –

'The judicial review process in Northern Ireland is an important means of holding public decision makers to account, however concerns have been expressed about the extent to which judicial reviews delay, and add costs to, public sector projects.

The figures show that the number of applications in respect of judicial reviews has generally been decreasing and as such does not support the view that there is an increasing appetite to challenge decisions made by public bodies through judicial review.'

For more information, see The Judicial Reviews Process in Northern Ireland from niauditoffice.gov.uk