If the Commission believes that a public authority has taken a decision or acted in a manner contrary to the Equality Act 2010 or the Human Rights Act, it can initiate a judicial review under Section 30 of the Equality Act 2006. The court may then make a statement as to whether a decision, a directive, an act or a non-compliance is legal. In addition, the court may suspend decisions or make a request or (in Scotland) a prohibition.

Examples of situations in which the Commission, rather than an interested party, make a claim include, inter alia:

• If the government proposes a legislative amendment that the Commission believes could contribute to the violation of human rights, the Commission may face a judicial review before the amendment is passed or within three months of its adoption.
• If there are several stakeholders whose experiences can be used to highlight a problem, but where a single legal claim by only one person in the group would be insufficient to illustrate the scale of the problem.
• In cases where actual or potential sufferers have no access to lawyers or can not finance the action at their own expense.