Every administrative decision a government body issues is, in effect, an invitation for a judicial challenge — and the number of citizens exercising that right keeps climbing. Arab British Fellowship Training Academy built this course on Auditing the Legality of Administrative Decisions to help legal teams stay ahead of that trend rather than react to it.

An administrative decision is the main tool through which public authorities exercise power and put policy into effect, which is exactly why it sits under constant legal scrutiny and judicial oversight. Institutions increasingly need staff who can examine and draft decisions to a sound legal standard — spotting formal and substantive defects before they turn into a lost case, and applying modern analytical techniques rather than guesswork.

Who Should Attend?

• Legal advisors in government and private entities, and lawyers or judges working in administrative law.
• Staff in legal departments and administrative inspection or oversight units.
• HR officers and administrators responsible for issuing and implementing organisational decisions.

By the end of this course, participants will be able to:

• Explain the nature of an administrative decision and the legal pillars it rests on.
• Analyse an administrative decision and assess whether it is legally sound.
• Detect formal and substantive defects before they become grounds for annulment.
• Navigate the administrative and judicial oversight mechanisms that apply to a decision.
• Draft precise, defensible administrative decisions using sound legal language.

Module 1: When a Decision Can Be Challenged — Defects That Undermine Legality

• Lack of authority as a ground for nullity.
• Procedural and formal defects in how a decision is issued.
• Abuse of power and deviation from the decision's intended purpose.

Module 2: What Counts as an Administrative Decision

• The legal definition of an administrative decision and how it differs from other legal acts.
• Its core characteristics.
• Classifying decisions: individual vs. regulatory, positive vs. negative, discretionary vs. executive.

Module 3: The Three Pillars a Valid Decision Rests On

• The form and procedural pillar.
• The authority pillar.
• The reasoning and subject-matter pillar.

Module 4: The Legality Principle and Where Discretion Ends

• The scope and limits of legality in administrative work.
• Legal and regulatory sources of legitimacy.
• How legality relates to discretionary power.

Module 5: When a Decision Fails — Nullity, Correction and Liability

• Types of legal nullity.
• Whether a decision can be corrected or must be annulled.
• The administration's liability for an unlawful decision.

Module 6: A Working Method for Reading and Analysing a Decision

• Reading a decision through a structured legal lens.
• Examining its legal structure.
• Checking compliance with laws and regulations.

Module 7: Drafting Decisions That Hold Up

• Elements of professional legal drafting.
• Providing sound legal reasoning for a decision.
• Avoiding ambiguity and loose wording.

Module 8: What Happens After Issuance — Enforceability, Withdrawal and Acquired Rights

• Enforceability and the direct effect of an administrative decision.
• The possibility of withdrawing or amending it.
• Its impact on acquired rights.

Module 9: Catching Problems Early — Internal Oversight and Grievances

• Internal administrative oversight mechanisms.
• Committees for reviewing complaints and grievances.
• Self-correction before a case reaches the judiciary.

Module 10: When It Reaches the Courts — Judicial Oversight and Annulment

• The jurisdiction of administrative courts.
• Conditions and procedures for an annulment claim, and compensation for unlawful decisions.
• The role of case law, judicial reclassification, and the binding force of precedent.