The Independence Panel has written to Justice Secretary Chris Grayling to voice its “grave concerns” about the government’s proposals to limit access to judicial review in the courts.

It has cited a recent case concerning two boys that committed suicide at police stations as an example of the kind of action that would be affected by the proposed changes.

The charity Just for Kids Law brought a successful judicial review earlier this year against the treatment of 17-year-olds at police stations as adults and refusal to grant them access to an appropriate adult: a practice that resulted in two boys committing suicide.

Lobbying by the boys’ parents and others had no effect on the law, so the charity decided to bring a judicial review – and won.

In the letter, the Panel says the proposed changes present a major threat to charities’ ability to safeguard the interests of the powerless against abuses of power by the state, as well as reversing the longstanding ability of voluntary bodies to contribute to the development of law in the UK.

The new proposals, if adopted, would mean that charities and voluntary groups would be unable to bring judicial review proceedings unless they had a “direct interest” in the case and even where they could, they would incur higher costs than they do currently.

They would also be restricted from providing expert advice to the courts in judicial review cases brought by others.
The Panel’s chair, Sir Roger Singleton, said the changes mooted should “deeply worry everyone that believes the law should defend the vulnerable”.

He wrote: “If the proposals go through, it is more likely that abuses of power will go unchecked, and the vulnerable will lose the protection that voluntary organisations can bring.”