Our Litigation advocates are here to talk you through a doleance claim and the processes involved, contact us on 01624 665522 for expert advice.
With a variety of authorities offering services to the general public, the possibility of a poor decision being made is always present. When an administrative decision is made hastily or without proper consultation, it can have damaging effects on the people receiving the services.
If you’ve experienced a problem caused by a poor public body decision, it’s wise to seek legal guidance and find out how you can challenge the situation.
Doleance & Judicial Review – what Does Doleance Mean?
font_container=”tag:h2|font_size:30px|text_align:left|color:%23000000|line_height:30px” use_theme_fonts=”yes”][vc_column_text el_class=”inner-page-content”]A doleance claim (previously known as a petition of doleance) is a petition made to the court. This type of claim occurs when someone believes that a decision made by a public body or government official is considered to be poor and not well-informed. It’s a form of judicial review, a process used by the court to review and challenge an administrative decision.
As such, issuing a doleance claim is considered to be the last available option. If you’re unhappy with an administrative decision, it’s important that you’ve attempted to seek other solutions first. Once these have been exhausted without positive outcome, you can bring a doleance claim before the Isle of Man court.[/vc_column_text][vc_custom_heading text=”Doleance Claim Process” font_container=”tag:h2|font_size:30px|text_align:left|color:%23000000|line_height:30px” use_theme_fonts=”yes”][vc_column_text el_class=”inner-page-content”]If you’re thinking of issuing a doleance claim, it’s important to seek legal advice and ensure that you understand the process involved. This includes:
- Issuing a claim as soon as possible and certainly within 3 months after the administrative decision was published
- Applying using the appropriate forms
- Supplying proof, written evidence and supporting documents
[/vc_column_text][vc_custom_heading text=”Who Can Be Challenged?” font_container=”tag:h2|font_size:30px|text_align:left|color:%23000000|line_height:30px” use_theme_fonts=”yes”][vc_column_text el_class=”inner-page-content”]The purpose of a doleance claim is to challenge the decisions made by a public body that interacts with the public and has specific responsibilities. Some examples include:
- Government departments and ministers
- School governing bodies
- The Police and authorities in charge (e.g. the Chief Constable)
- Prison officers and governors
- Local authorities
After you’ve submitted a doleance claim, the court will carry out a judicial review. This is a court procedure that examines whether the decision-making process of the administrative body was unlawful, if it misused or surpassed its given powers, or to determine if it came to a decision that no reasonable person could reach.
After reviewing a public body’s decision, the court will determine whether the action taken was in line with the legal responsibilities and intended purpose of administrative power.
How Can Quinn Legal Help?
At Quinn Legal, it’s our approachable touch that sets our legal services apart from the rest. Not only are our Litigation team experts in handling public law matters, but they understand that you may not know how to proceed after experiencing a problem with a public body.
From the beginning you’ll be reassured and given the chance to discuss all available options, especially as a doleance claim may not be best suited to your situation. Once we’ve come to a resolution that you’re happy with, we’ll talk you through any legal processes and your next steps.
Throughout the experience and whatever the outcome may be, we’ll be there for you.
Get In Touch Today
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