Former Armed Forces Member Pursues Two Judicial Review Challenges Concerning Government Decision-Making

Former Armed Forces Member Pursues Two Judicial Review Challenges Concerning Government Decision-Making

Charlie Proctor, a former member of HM Armed Forces, has brought two separate judicial review claims against the UK Government, each involving a different Secretary of State and proceeding in the High Court Administrative Court. While unrelated in subject matter, both cases engage questions of public law concerning the lawful exercise of executive power.

The first claim concerns the government’s introduction of a mandatory digital identity requirement for individuals seeking to evidence their Right to Work in the United Kingdom. Mr Proctor’s challenge focuses on the legal basis upon which the policy was introduced, including the absence of primary legislation and the failure to complete required Equality Impact Assessments and Data Protection Impact Assessments prior to implementation.

Commenting in general terms, Mr Proctor said:

“Where measures of general application are introduced by the executive, particularly those affecting access to work and the handling of personal data, it is essential that the statutory framework is observed.”

Following the commencement of proceedings, the government clarified its position and stepped back from the assertion that the digital identity system operated on a ‘mandatory only’ basis. The clarification was noted as a significant development in the context of digital identity policy.

Mr Proctor added:

“Judicial review serves a supervisory function. It exists to ensure that public authorities act within the limits of their lawful powers, and in accordance with established procedural requirements.”

In a second, unrelated claim, Mr Proctor is challenging the Secretary of State for Levelling Up, Housing and Communities in relation to the grant of planning permission for a new Chinese Embassy at Royal Mint Court, London.

That challenge concerns the conduct of the decision-making process and the standards of disclosure applicable in public law proceedings. Mr Proctor contends that the Secretary of State relied upon material — including a Security Statement and a Blast Assessment — which was not disclosed during the planning inquiry, thereby preventing interested parties from making informed representations.

In addition, the claim raises issues relating to the public authority’s duty of candour to the court, a core obligation in judicial review proceedings requiring decision-makers to disclose relevant material fully and fairly.

On the principles engaged, Mr Proctor said:

“Public authorities appearing before the court are subject to a duty of candour. That duty exists to ensure that the court is placed in possession of the material necessary to determine whether a decision has been taken lawfully.”

He added:

“The legitimacy of a public decision-making process depends upon openness, both to the court and to those affected by the decision. Where material is withheld, questions inevitably arise as to whether that process has been fair.”

Across both matters, Mr Proctor is acting pro bono and as a litigant in person. The proceedings raise issues of wider public importance relating to transparency, accountability, and public confidence in administrative decision-making.

Mr Proctor concluded:

“These proceedings are concerned with process rather than outcome. They raise questions as to whether established public law standards — including procedural fairness and candour — have been observed in the exercise of executive authority.”

Both cases remain before the courts.

Funding and public support

As a litigant in person pursuing both claims without external funding, Mr Proctor has established two separate crowdfunding pages to assist with unavoidable court fees, document preparation, and procedural costs associated with High Court litigation. Further information is available at:

Chinese Embassy planning challenge: https://gofund.me/e7ba4246f

Digital identity Right to Work challenge: https://gofund.me/7bd046a4a