Legitimate expectation is a significant ground for Judicial Review, allowing individuals to challenge public body decisions that deviate from established promises or practices.
This doctrine ensures fairness and consistency in administrative actions. Without certainty, industries will be unable to invest and prepare for the future accordingly.
When is a legitimate expectation required?
A legitimate expectation arises when a public body makes a clear, unambiguous promise or follows a consistent practice that individuals rely on.
There are three main types of legitimate expectation claims:
- “Promise” based claims: These are the strongest claims, where a public body makes a specific promise to an individual, who then relies on it to their detriment. For instance, in the Coughlan case, a severely disabled woman was promised a home for life, which she relied on when giving up her existing accommodation
- Policy-based claims: These involve clear and unqualified terms in published guidance or policy that amount to promises of particular treatment. Even if the individual is unaware of the policy, as in the Rashid case, the expectation can still be enforceable.
- Practice-based claims: These arise from established practices or policies that create an expectation of consistent treatment. The Mandalia case highlighted that even without awareness of the policy, individuals could expect similar treatment based on routine application. In some exceptional circumstances the Claimant may not need to show detriment or reliance.
For a legitimate expectation to be enforceable, the public body’s statement must be clear and unambiguous. An “aspirational” statement, even when made in Parliament may not suffice.
However, interference with such expectations can be justified on public policy grounds.
Balancing individual rights with the public interest
The Courts will balance individual expectations against the broader public interest, ensuring that public bodies act fairly and consistently while maintaining flexibility to adapt to changing circumstances.
The threshold for the ground of legitimate expectation is very high.
Even comments containing the word “promise” or “pledge” may not suffice to give rise to a legitimate expectation.
Legitimate expectation thus plays a crucial role in holding public bodies accountable, promoting transparency, and protecting individuals from arbitrary administrative actions.
If you feel you have grounds for legitimate expectation and would like legal advice, contact Patrik Jones-Wright today.