Strategic impact or wider public interest of the case

A factor we take into account when considering the reasonableness test is whether the application demonstrates a wider public interest in the outcome of the case.

Where we are satisfied that a wider public interest exists, this will be a factor which will help satisfy the reasonableness test.

A wider public interest may be present in matters such as judicial review, appeals, reparation or any other subject matter where several cases arise out of the same incident.

In some instances, an individual’s case can aid strategic development of the law for groups, including groups protected under law.

A wider public interest could be demonstrated when the outcome of the case may have a direct tangible benefit to your client as well as to others.

In order to satisfy us that there is a wider public interest in the case, you must provide us with full information concerning the nature of the case, the interests at hand, and any potential impacts beyond those on the applicant themselves.

Where your case involves challenging a decision you should give details of:

• the decision under challenge. You should provide a copy of the decision being challenged, along with any relevant attachments. If the challenge concerns a series of decisions, or lack of decision, you should provide details. The application should also address the timeliness of proceedings with reference to any potential issues around time bar
• the legal basis upon which the decision is to be challenged.

In all cases you should set out the nature of any wider public interests in the case.

This should include details of who would have such an interest; and the extent to which it can be shown the outcome of the case would have a tangible – rather than solely hypothetical – benefit for any broader group or the wider public.

It is crucial to note that in cases where you seek to demonstrate a wider public interest, our position is that – in line with our general approach to reasonableness – the applicant must also be able to demonstrate that they have a direct personal interest in the matter:

Although wider public interest is a positive factor in our decision-making, demonstrating a wider public interest in a case will not in itself suffice to satisfy us of the reasonableness of a particular applicant’s case.

As such, as well as addressing the points above, you must provide information that addresses the reasonableness of the individual applicant challenging the decision at public expense where there are others with a wider interest in the matter. For instance, by demonstrating the extent of any specific impacts on the applicant themselves, alongside any possible wider public impacts.

It is helpful if you include your views on wider public interest and in a separate note, not in the statutory statement or your client’s applicant statement.

If you have questions about how we assess these applications please contact Wendy Dalgleish, Head of Civil and Children’s Legal Assistance, Email: DalgleishWe@slab.org.uk