ABSTRACT

We have dealt so far predominantly with access to the courts to challenge governmental action. Access to a judicial remedy is, however, formal, expensive and often slow. It may also be inappropriate as being something of a sledgehammer to crack a nut. Often, instances of governmental bad practice do not have earth shattering consequences. However, the consequences will be of significance to the individual(s) affected who may wish to seek a remedy short of a full blown application for judicial review. It may also be the case that an instance of bad practice is not actually illegal per se. It is merely bad administration. Of course, the person(s) affected may have a political avenue which might be followed – in particular, a complaint to his or her MP or even to the minister responsible for the department complained against. Such remedies are, however, somewhat indirect. They are also most unlikely to lead to anything other than an apology and, possibly, a change of practice for the future.