Is anyone judicially reviewing this stuff?

[thiskitten]

Fairly recent peak trans. Lurking since then really.

Just wondering if anyone (organisations etc) are, or are considering bringing a judicial review on any of the recent goings on?

I am aware of a few different legal proceedings going on but none that are specifically JRs of apparently perverse or illegal decisions by public bodies

Not aware of any, but would like to think someone is thinking about fundraising if it became appropriate. Corp of City of London’s cOnsultation. Charity commission, if they don’t come through on Girl Guides, any public authority which has the wrong protected characteristics etc. We need to organise

The prison service has the wrong protected characteristic

This whole thing is seriously sinister, we can’t flush away civil society on this ridiculous ideology that’s unshackled from fact and science.

I'm a lawyer specialising in judicial review. There are lots of cases being brought by trans people (eg right to be recorded as the opposite sex on birth certificates) but none that I'm aware of in the other direction. To bring a JR you'd need a decision that was JR-able, plus a claimant willing to fund it. For an organisation, it would have to be one willing to take the costs risk, for an individual, you'd need to be eligible for legal aid.

@Woulddolly great to have someone in the know. I've only worked on 1 (very boring) JR but used to work in human rights law (many moons ago). Strikes me that there could be some JRable decisions re prisons / HRA and balancing rights? But as I say I'm fairly new to the issues at play.

There will be in a few years when the shit has thoroughly hit the fan.

Off the top of my head, the two decisions that are prime candidates for JR are the prison service's decision to house Karen White in a female prison; and the Labour Party's decision to allow LM to run for women's officer despite not having a GRC. In both these cases, a lawyer would be pushing at an open door, I would imagine, because I can't see what the defence could be in either scenario

Unfortunately it's too late for either of these decisions to be JRed, but no doubt - and sadly - there will be others in due course

I'm also a lawyer. I have a good understanding of judicial review. There's nothing I know of coming from the GC side. I think that's partly because big organisations such as Stonewall can back litigation, whereas GC fems don't have any equivalent organisations. A feminist version of TELI would be great. But I fear that wouldn't get funding from the likes of Linklaters and I don't know how many lawyers would be brave enough to get involved.

I would get involved. But I agree that funding cases would be difficult. And finding individuals prepared to take the flak of bringing a challenge.

I've emailed some of the grassroots campaigners to say that I'm a lawyer and on side. My experience is very relevant - judicial review, human rights and equality law.

We need a panel of feminist lawyers to a) advise on things like the billboards and b) to identify test cases so that calls can be put out for claimants

Unfortunately it's too late for either of these decisions to be JRed

Why is it too late? What are the rules? I'd definitely contribute to funding a legal challenge via crowdfunder or another route.

Decisions must be challenged "promptly, and in any event within three months". Not knowing about the decision until later isn't usually a reason to extend the deadline.

Well Cambridge Council just did... and have changed the wording in their policies - sex not gender, etc.

After 8 or 9 years of being wrong!

Inneed

The rules are that a JR must be brought promptly, and always within 3 months of the decision being challenged. The time limits are very tight.

However where an action is ongoing, or there are a series of decisions, it is possible that the three month period can start again. For example, if it's over three months since a decision to place a TW in a female prison you can't challenge that decision. But if there is a further decision, say a review to decide whether the prison is appropriate, the three month limit could start again from that point.

Cross post with Dolly...

The Cambridge decision was an internal decision, AFAIK, not a JR.

I'm also a lawyer. Very limited experience of JR but lots of on discrimination and equality issues. Also I've experience of cases that have been crowd funded. That seems the obvious way of funding any case to me as there would probably be a lot of support from individuals willing to contribute small amounts anonymously. With publicity on twitter and mumsnet a crowdfunding campaign could probably be got off the ground quite quickly.

The issue is what decisions would be suitable for JR. There may be other types of cases though where individuals may be able to take legal action who could be supported through crowdfunding. For example, GC academics who are being harassed for their views.

I just want to say this is a v positive thread. I'd give to a crowd funder.
Someone is currently fund raising for a challenge to the labour party policy but I don't know what the legal implications would be or how it compares to the type of thing you are talking about.

Thanks would and curious. Would any of the women assaulted by K White have a case and how would this proceed? Are they even offered that option? Obviously it should be their decision (and I can imagine the probably have zero faith in the system) but at the moment do they even have the chance to hold anyone to account for the harm caused to them?

I'm not yet qualified but if a decision came up that we wanted to JR I would be willing to donate lots of my time to the case (currently considering not returning after mat leave).

Ineed - yes, those women would be ideal candidates in many ways to bring a JR except for the passage of time issue. They should still be able to complain through the normal prison service channels, but I don't know what the outcome could be given that KW has now been moved. Eg I don't know if they are eligible for compensation

maybe it's time?

[[https://www.mumsnet.com/Talk/womens_rights/3378894-Leeds-WPUK-cancelled?watched=1&msgid=81382599#81382599]]

Woulddolly, Brugmansia May I PM you.

Yes might be good to keep specifics re pending litigation off the public forum

Definitely time for a test case or two- but it is important to pick the right situation to avoid making bad law. I'm a barrister with relevant experience in human rights, equality act and discrimination law. Happy to help.