A pre-action protocol letter, also called a letter before claim, is the letter a person sends to a public body such as the Home Office before starting a judicial review. It sets out the decision challenged, the facts, the legal reasons and the outcome wanted, so the dispute can be narrowed or settled without court.
Key points
- The Pre-Action Protocol for Judicial Review is a code of good practice. It sets out the steps parties should generally follow before a claim.
- The Home Office publishes a template letter on GOV.UK for immigration and nationality decisions.
- The protocol suggests allowing 14 days for a reply in most circumstances, and defendants should normally respond within 14 days.
- Sending the letter does not stop the disputed decision from being carried out and does not extend the time limit for a claim.
- The letter is not suitable for very urgent cases, for example where removal directions have been set.
How a pre-action protocol letter works
The Pre-Action Protocol for Judicial Review is a code of good practice. It contains the steps that parties should generally follow before a claim for judicial review is made.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review Its aims include helping both sides understand the issues, sharing documents, trying to settle the dispute and keeping costs down.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review
The first step is the letter before claim, which this page calls the pre-action protocol letter. The claimant sends it to the defendant in good time before making a claim. Its purpose is to identify the issues in dispute and to establish whether they can be narrowed or litigation avoided.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review The defendant is the public body whose decision is challenged. In an immigration case that is usually the Home Office.
For immigration, nationality and asylum cases, the Home Office has a standardised form that can be used. GOV.UK publishes it as a template.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review[2]UK Visas and Immigration, Resolve a dispute with the Home Office through the pre-action protocol The President of the Upper Tribunal (Immigration and Asylum Chamber) has issued a Practice Statement saying parties in that tribunal are expected to follow the protocol where appropriate.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review
What the letter contains
The protocol sets out the information a letter before claim should give. Claimants should normally use the suggested format in its Annex A.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review
| Item | What the letter says |
|---|---|
| The matter challenged | The date and details of the decision, act or omission. If there is more than one decision, which one |
| The issue | A short summary of the facts and the legal principles, and why the decision is said to be wrong |
| Reference details | The defendant’s reference numbers and the details of any legal adviser |
| Interested parties | Anyone directly affected by the claim, who should be sent a copy of the letter for information |
| Action expected | The remedy sought, including whether a review or any interim remedy is requested |
| Alternative dispute resolution | Any proposals to resolve or narrow the dispute without court |
| Information and documents | Anything requested, with the reason it is relevant |
| Reply date | A proposed date for the reply. The protocol says 14 days is a reasonable time to allow in most circumstances |
The reply
A defendant should normally respond within 14 days, using the standard format in the protocol. The court takes a failure to respond into account, and it can impose sanctions unless there are good reasons.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review
If the defendant cannot reply in time, it should send an interim reply and propose a reasonable extension. If it concedes the claim in full, the reply should say so clearly. If it concedes in part or not at all, the reply should say so clearly and, where appropriate, contain a new decision, give a fuller explanation or address the points in dispute.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review
What the letter does not do
The protocol does not affect the time limit for a judicial review. The claim form must be filed promptly and in any event not later than 3 months after the grounds to make the claim first arose.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review A request for an extension to the reply date does not affect that limit either.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review
A letter before claim, and a claim itself, will not stop the implementation of a disputed decision. The protocol also says it is not appropriate in very urgent cases. It gives removal directions as an example, and in that situation a claim should be made immediately.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review The GOV.UK template carries the same warning.[2]UK Visas and Immigration, Resolve a dispute with the Home Office through the pre-action protocol
Example
Joanna has a decision from the Home Office that she believes is unlawful. Her solicitor sends a letter before claim using the Home Office template. It states the decision and its date, the legal reasons and the remedy sought. It proposes a reply within 14 days.
The solicitor sends it early enough for the reply to arrive well before the 3-month limit ends. The 3-month period keeps running while the Home Office considers the letter. A claim is not normally made until the reply date has passed, unless the circumstances need quicker action.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review The example describes the process only. It does not say what the Home Office will reply.
What people get wrong
Many people think a letter before claim pauses the clock. It does not. The protocol says it does not affect the 3-month time limit, and the letter does not stop the disputed decision from being carried out.
The second mistake is using the template in an urgent case. GOV.UK says not to use it when, for example, a person is about to be removed from the UK. The protocol says a claim should be made immediately in that kind of case.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review[2]UK Visas and Immigration, Resolve a dispute with the Home Office through the pre-action protocol
The bottom line
A pre-action protocol letter is the formal first step before a judicial review. It gives the public body a chance to correct the decision, explain it or settle. It sits alongside the time limit and does not replace it. Where the protocol is appropriate, courts expect it to be followed, and they can take non-compliance into account on costs.[1]Ministry of Justice, Pre-Action Protocol for Judicial Review
Common questions
The protocol is a code of good practice, not a rule that blocks a claim. Where it is appropriate, the court normally expects all parties to have followed it and takes compliance into account when it gives directions or decides costs.
The protocol says a defendant should normally respond within 14 days. If it cannot, it should send an interim reply and propose a reasonable extension, giving a date by which it expects to respond in full.
No. The protocol does not affect the time limit for a judicial review claim. An extension to the reply date does not affect it either. The claim form must still be filed in time.
GOV.UK publishes a template under the title Resolve a dispute with the Home Office through the pre-action protocol. It says not to use the template in urgent cases, for example when a person is about to be removed from the UK.
Sources
We cite the Immigration Rules, legislation and GOV.UK guidance directly. Rules change, so each source shows the date we last checked it.
- Ministry of Justice. Pre-Action Protocol for Judicial Review. Checked 11 November 2026. ↩
- UK Visas and Immigration. Resolve a dispute with the Home Office through the pre-action protocol. Checked 11 November 2026. ↩