Q&As

Can a Welsh Registered Social Landlord who is not a public body for the Office of National Statistics be the subject of a judicial review when it delivers a public function?

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Produced in partnership with Tim Edds of Browne Jacobson
Published on LexisPSL on 16/03/2020

The following Local Government Q&A Produced in partnership with Tim Edds of Browne Jacobson provides comprehensive and up to date legal information covering:

  • Can a Welsh Registered Social Landlord who is not a public body for the Office of National Statistics be the subject of a judicial review when it delivers a public function?

A Registered Social Landlord (RSL) is a hybrid public authority. It is therefore capable of exercising both public and private functions. Only decisions of public bodies are amenable to judicial review to ensure that they act lawfully and fairly. When a RSL is delivering public functions therefore, it should be alive to the risk of challenge by way of judicial review. The Public Sector Classification Guide is a list of bodies that have been classified by the Office for National Statistics (ONS) as public sector bodies within the National Accounts. This includes bodies classified within the General Government sector, as either Central Government or Local Government bodies, as well as Public Non-Financial Corporations and Public Financial Corporations.

A body included in the ONS classification guide will not be able to argue that it is not a public body for the purposes of defending a judicial review challenge. However, the same may also be the case for a body that is not included within the ONS classification g

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