The Court will consider whether an action, decision or omission is amenable to review on the facts of each individual case. However, as a general rule, the Court takes a broad view as to what constitutes a challengeable action, decision or omission by a body exercising a public function. By way of example, the Court has held that press releases and policy guidance (national and local) may be amenable to review in particular circumstances.
In some circumstances, a public authority will make a series of decisions on a particular matter. For example, a local authority committee may develop a policy and decide to submit it for the approval of the full council at a later date. In such cases, it is likely that only the authority’s final decision – where it decides whether to approve the policy – would be amenable to judicial review (i.e. it is unlikely that the initial decision – to submit the policy for the full council’s consideration – would be reviewable). Nevertheless, the Court will decide on the facts of each case whether a particular decision is reviewable.