We update the templates as frequently as we can, but cannot guarantee they are up-to-date past the date last checked. Always contact CPAG at [email protected] for the template letters each time you want to use them in case they have been amended.
It's good practice to check whether the legislation, caselaw or guidance has changed since the template letter was last updated. For tips on how to do this, see Checking the legislation, caselaw and guidance.
It is important that your judicial review pre-action letter is carefully prepared for it to be taken seriously. A well-drafted letter is much more likely to be successful for your client, supports the reputation of your organisation, and can more easily be referred on for litigation if it does not resolve your client’s problem.
We can offer advice and will review your letter for you. Contact us at [email protected].
Before you start, create a timeline of your client’s case. What happened, and on what specific date? What facts are relevant to your client’s problem? From your client’s paperwork or online universal credit (UC) journal, confirm any relevant dates and identify quotes that corroborate what your client says happened.
Write out your timeline in chronological order so it is easy for the reader to follow. For example,
The timeline will help you confirm what the issue is. You can also use it to complete the 'background facts' section in the template letter.
Either contact us at [email protected], or use our website to find a template: Judicial review: tools and templates and then contact us.
We will discuss your case with you, including in some cases reviewing your client's evidence, and then send you a copy of a relevant template. If there is no existing template, we may help you to draft a new pre-action letter.
Read the letter carefully and check that it's relevant to your client’s problem.
To adapt the letter, be aware that:
| Look out for | What to put in the letter |
|---|---|
| The address for reply and service of court documents | This is your advice agency’s name and address, and your email address. |
| Using defined terms | For DWP letters the Defendant is the Secretary of State for Work and Pensions, and is defined as (“SSWP”) or (“D”). This means you should use SSWP or D whenever you mention the DWP. In all letters the Claimant is defined as (“C”). Therefore, use C rather than your client’s name or ‘our/my client’ in the text. |
When you've finished, put your letter onto your organisation’s headed paper, and check the formatting of the whole letter.
| Element of the letter | Formatting |
|---|---|
| Main text | Font = Calibri Light 12; Line spacing = 1.5cm; Indent = 1cm; Justified «---» (except where this looks wrong, for example, the address) |
| Address | Line spacing = single spaced |
| Paragraphs | Number every paragraph except quotations. Make sure your numbering is sequentially (this does not always happen first time) |
| Paragraph number | Indent = 0cm |
| Sub-paragraphs | Numbering = separate to the main numbering system, for example, use a) b) c) |
| Quotes | Font = Calibri Light 12; Style = Italics; Punctuation = "in quote marks"; Numbering = not numbered; Indent = 2cm |
| Footnotes | Font = Calibri Light 10 |
Once you've finished your letter, email it to our Judicial Review Project at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.
Once your letter has been reviewed by us, accept or reject our suggested amendments.
At the beginning and end of your letter is the date you have requested a response by, check these dates are:
Either:
Then scan and email it to the Treasury Solicitor if you are challenging a DWP decision or delay.
Follow the sending instructions in the template.
When using a template it's good practice to check whether the legislation, caselaw or guidance has changed since the template was last updated, and amend the text in your letter to reflect any changes.
If you find the law or guidance has changed, or you find caselaw you think is relevant, please let us know by emailing [email protected] and we will update the template.
| What to check | How | Where |
|---|---|---|
| Legislation | Check the relevant legislation on legislation.gov.uk. Select ‘Latest available (Revised)’ and compare the text. | legislation.gov.uk |
| Caselaw | Use the caselaw write-ups in our Welfare Rights Bulletin or on rightsnet to check if any new relevant cases have been decided. On rightsnet, search 'welfare rights caselaw' and use keywords. | Welfare Rights Bulletin (subscriber content) |
| Advice for Decision Making (ADM) | Check the ADM for changes to its paragraph numbers and text. The ADM is updated online so you shouldn't need to amend the links to it in the footnotes of the template letters. | Advice for Decision Making: staff guide |
| DWP Operational Guidance | This guidance is in pdfs which are replaced when the guidance is updated. You can find links to the latest versions of the guidance on rightsnet. Check the version number in the template letter against rightsnet and, if they are different, ensure your letter reflects the latest version and amend the footnote (including the link) in your letter. If the meaning of the guidance has changed, contact us at [email protected] for advice. | Universal credit guidance on rightsnet.org.uk |
