Decisions Which May be Challenged

Question 1

Judicial review is available to challenge which types of actions?
A. Acts, decisions, omissions or rules made by public bodies or those exercising public functions
B. Any action by private individuals
C. Corporate policy disagreements
D. Decisions made solely by Parliament

Answer 1

A. Acts, decisions, omissions or rules made by public bodies or those exercising public functions
Explanation: JR applies to decisions with public law character, not private disputes or purely political acts.

Question 2

What key factor determines whether a body is subject to judicial review?
A. Whether it is listed in a statutory schedule
B. Whether its name includes the word “Authority”
C. Whether it receives public funding
D. Whether it exercises public law functions or powers

Answer 2

D. Whether it exercises public law functions or powers
Explanation: A body’s function (not its status) determines its susceptibility to JR. Even private bodies may be included.

Question 3

Which case held that even a non-statutory body could be subject to judicial review because of its public role?
A. Fleet Street Casuals
B. R v Panel on Takeovers and Mergers, ex p Datafin [1987]
C. GCHQ
D. R (Corner House Research) v Director of SFO

Answer 3

B. R v Panel on Takeovers and Mergers, ex p Datafin [1987]
Explanation: Datafin broadened the scope of JR to include non-statutory but functionally public bodies.

Question 4

A private contractor delivers healthcare services under contract with a local authority. A patient is excluded without explanation. Is JR potentially available?
A. No, because the contractor is private
B. Yes, because the contractor is exercising a public function
C. Only if the contract was signed by a minister
D. No, unless the CQC intervenes

Answer 4

B. Yes, because the contractor is exercising a public function
Explanation: Judicial review may extend to private bodies acting in place of public authorities.

Question 5

Which of the following is least likely to be subject to judicial review?
A. Local council housing allocation decisions
B. Immigration tribunal rulings
C. Internal staff discipline in a private club
D. A government department issuing a statutory order

Answer 5

C. Internal staff discipline in a private club
Explanation: Unless the decision impacts public law rights, private internal matters are not subject to JR.

Question 6

What did the court decide in YL v Birmingham City Council [2007]?
A. All private healthcare providers are subject to judicial review
B. Judicial review is always available against charities
C. A private care home under contract was not exercising a public function
D. Councils cannot delegate public duties

Answer 6

C. A private care home under contract was not exercising a public function
Explanation: The court ruled that the care home was acting under a private law arrangement, not a public one.

Question 6

Which of the following is a key test for whether a decision is reviewable?
A. Whether it has legal effect and determines rights or obligations
B. Whether it is popular or unpopular
C. Whether the media covers the decision
D. Whether the Prime Minister is involved

Answer 6

A. Whether it has legal effect and determines rights or obligations
Explanation: The courts review legally significant actions, not mere opinions or preliminary steps.

Question 7

Why are some decisions by ministers under the royal prerogative non-justiciable?
A. They are made by elected officials
B. The Human Rights Act excludes prerogative powers
C. They relate to non-statutory finance
D. They involve matters like national security or foreign affairs

Answer 7

D. They involve matters like national security or foreign affairs
Explanation: Some prerogative powers are non-justiciable due to their political nature — e.g., war powers, foreign policy.

Question 8

Can a policy that constrains discretion without legal force be challenged?
A. Only if it is published
B. Yes, if it has a binding effect in practice on decision-makers
C. No, policies are exempt from review
D. Only by the Attorney General

Answer 8

B. Yes, if it has a binding effect in practice on decision-makers
Explanation: A policy that effectively removes discretion may be challengeable for fettering discretion.

Question 9

Which of the following bodies would most clearly be subject to judicial review?
A. A local education authority making a school exclusion decision
B. A supermarket issuing internal conduct rules
C. A trade union resolving a member dispute
D. A social media platform applying content policies

Answer 9

A. A local education authority making a school exclusion decision
Explanation: LEAs are public authorities, and their statutory decisions (e.g., exclusions) are routinely subject to JR.