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As part of a package of cost-saving measures, the government decides to close a hospital in a small town. The local residents are angered by this decision and stage public demonstrations which get national media coverage. However, they do not challenge the government’s decision in the courts. A retired hospital doctor sees this coverage and is angered by the government’s policy. She lives 250 miles away from the hospital in question and has no personal or other connection with the town, but she thinks it is in the public interest to challenge the government. She decides to challenge the decision in the courts.
Will she receive permission from the courts to progress her challenge?
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For a claimant to have standing in a judicial review, they must have a sufficient interest in the matter to which the claim relates. In this case, the retired doctor does not have a direct or personal connection to the hospital or the town, which means she does not have sufficient interest to bring the challenge. Therefore, her challenge is unlikely to receive permission from the courts.
Key Point: Standing in judicial review requires the claimant to have a sufficient interest in the subject matter of the claim. Without a direct or personal connection, a claimant is unlikely to be granted permission to proceed.
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