Reforming Judicial Review to Accelerate Asylum Policy

A ThinkLabour report, authored by Amelia Wood—a former member of Andy Burnham’s transition team—calls for sweeping changes to the UK’s judicial-review system. The paper argues that the “explosion” of public-law challenges, especially in asylum and immigration, has stalled government decision-making. It recommends clarifying the grounds on which judicial review can be sought, eliminating statutory consultation requirements, and allowing courts only limited procedural guidance when a government loss is based on procedure. The report also urges the government to focus on core public-service delivery rather than secondary policy goals.

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Former Labour foreign secretary Jack Straw, who introduced the report, says the surge in public-law cases since the 1970s has “undermined effective and timely decision-making” across areas from immigration to infrastructure. Home Secretary Shabana Mahmood has pledged to end “vexatious, last-minute claims” and to amend the application of the European Convention on Human Rights and the Modern Slavery Act to make it easier to remove failed asylum seekers. Chancellor for the Duchy of Lancaster Louise Haigh has criticized the current procurement process as a “tick-box exercise,” urging a refocus on jobs and skills.

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ThinkLabour, formerly known as Labour Together, rebranded in April after controversy over journalist background investigations. By February, the think-tank had donated £22,186 to Burnham’s campaign, covering much of the policy team working on transition. Several former ThinkLabour staff have moved into senior government roles, including ex-chief executive Alison Phillips, now deputy chief of staff in Downing Street, and JP Spencer, who leads work on No 10 North.

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If adopted, the proposed reforms could reduce the number of legal challenges that delay the removal of foreign offenders and failed asylum seekers. By shifting decision-making authority from courts to elected bodies such as Parliament, the government aims to accelerate policy implementation while prioritising core public-service objectives. Critics warn that curbing judicial oversight may weaken safeguards for individual rights, a tension that will shape future debates on the balance between efficiency and accountability.

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