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Explains what you can do if you experience a problem with the health or social care you receive or think you should have received.
If you're not able to resolve your problem by making a formal complaint, or complaining to the ombudsman, you might want to make a legal challenge. You can speak to a solicitor about your chances of success of doing this.
Although legal challenges can be stressful, you might decide that it's worth it to solve your problem, and sometimes a legal challenge is the only way you can do that.
A legal challenge can include:
A judicial review is a legal challenge to the way a public authority has made a decision or has done or not done something lawfully. You will usually need to have made a complaint first, although this is not always the case.
The judge will look at whether the public authority has followed its public sector equality duty and its human rights duties, as well as other duties it owes (for more information, see our pages on the Human Rights Act).
If the judge decides that the public authority has not acted lawfully, it can:
Before you bring a claim for judicial review, you have to:
You will need to get advice from a legal adviser who specialises in public law before asking for a judicial review.
A clinical negligence claim is when you make a claim for compensation because the care you received from a professional was negligent.
This sort of claim can get you compensation for your loss caused by the medical or care professional, but won’t force the care provider to change its practices. You will need to get legal advice about making this sort of claim.
For more information, see our pages on clinical negligence.
If you decide you want to make a legal challenge, you should get legal advice. You can do this by getting in touch with a solicitor qualified in the area of law this relates to. This could be:
If you are not sure what area of law applies to your situation, a solicitor will be able to tell you whether they are the right person to speak to. If they are not the right person, they may be able to suggest a different solicitor who works in the area of law relevant to you.
You can get in touch with a solicitor by using the Law Society's find a solicitor tool or by calling them. You can ask for a solicitor based on what area of law they specialise in, and where they are located.
See Useful contacts for details on how to get in touch with the Law Society.
These are organisations whose role is of a public nature. This includes:
This is the legal duty which public authorities like councils, NHS hospitals and government departments have to follow. It means they have to consider how their policies and practices affect people with protected characteristics, like people with mental health problems.
Private or voluntary organisations also have to follow the public sector equality duty when they carry out a public function on behalf of public authorities. For example, a private firm that is employed by a local council to collect council tax arrears needs to follow the public sector equality duty.See our full list of legal terms.
This information was published in May 2017. We will revise it in 2019.
References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.