Making Lawful Decisions

Making a lawful decision is of paramount importance, particularly where it is a decision on behalf of the state which affects an individual or a class of persons. Here, there is a clear inequality of arms when seeking redress; and within the legal aid context an ever-diminishing pool of lawyers to assist. Getting it right first time is therefore essential, not to mention time- and resource-saving.

This guide is an accessible introduction to all factors decision-makers should have in mind in order to make an unimpugnable decision. Its standout feature is the opening checklist, which succinctly outlines crucial considerations for making robust decisions. Key areas highlighted include the power to make decisions, the relevant questions the decision-maker should ask, the need to review appropriate evidence, procedures to be followed, and perhaps most importantly, how to formulate and explain the decision made. Although these may seem like basic propositions, in practice they are frequently overlooked, leading to decisions that are susceptible to challenge.

Running at a concise 139 pages, the guide is praiseworthy for its brevity while remaining comprehensive. It offers bite-sized insights into important legislation, such as the Equality Act 2010 (chapter 5) and the Human Rights Act 1998 (chapter 6). These insights are ideal for newcomers to this area, while also acting as aide-mémoires for more experienced practitioners.

The core of the guide is found in Chapter 4, which delves into the decision-making process. It covers vital topics such as the limits of authority, rationality, legitimate expectations, and the importance of providing reasons for decisions made. The clear guidance in the pointers section, on achieving rational and reasonable outcomes, is particularly helpful.

I for one would love to see this text provided as part of the training for government decision-makers who have the enormous responsibility of making what are often life-changing decisions, ensuring that they are able to get it right first time.

Nicola Burgess is a solicitor at the Greater Manchester Immigration Aid Unit