Permission denied to take the Congestion Charge to full Judicial Review – but the fight for better transport arrangements in Oxford goes on…..

Outcome of our case to bring a Judicial Review against Oxfordshire County Council’s decision to implement the Congestion Charge

Our case for Judicial Review was heard at a renewal hearing at the Royal Courts of Justice in London on 24 March 2026. The hour we had been allocated extended to nearly two, but the outcome was not what we had hoped. The judge, Mr Justice Fordham, did not grant us permission to proceed to a full judicial review hearing.

ORFO’s response

We issued a statement through the Oxford Mail, which appeared on 27 March, summarising our initial thoughts:

“We are obviously hugely disappointed that the High Court refused permission, but we are pleased to have brought the case this far, and grateful to all those who supported us.

We must be clear: the Court did not say the scheme is fair, or popular, or well evidenced.

What it said - and all it said - is that the Council met the minimum legal threshold required to proceed.

It has become clear through this challenge that this is a very low bar.

Most strikingly, the Court recognised that 66% of respondents said there should be no charges at all, and it acknowledged “identifiable weaknesses” in the Council’s own Equality Impact Assessment (EIA).

It has effectively confirmed that, in law, a council can consult, receive overwhelming opposition, and still press ahead - so long as it has ticked the required procedural boxes.

That may be lawful, but it is not democratic accountability.

And, with regard to the EIA, the Court’s conclusion is telling: flawed does not mean unlawful.

Through this process we have forced greater transparency and clarified, beyond doubt, the limits of the law in holding a council to account.

In light of that, we now move our focus elsewhere. The fight is not over. 

We will continue to challenge this - publicly, politically, and relentlessly - because Oxford deserves better than policies imposed in defiance of its residents.

Change will come through the ‘court’ of public opinion, and, ultimately, at the ballot box. 

We encourage all eligible residents to vote in the city council election on May 7th. Though it is the County Council responsible for the decision to press ahead with this scheme, the City Council has allowed this to happen, and we must use every opportunity to voice our discontent with the status quo. The deadline to register to vote is April 20th.”

Reflecting on the Decision 

We have to accept the court’s decision, but there were a couple of points in the judgement to which it is worth drawing attention, and we will post on these shortly.

Meanwhile:

THANK YOU!
Thank you so much to all our supporters. We could not have done this without you.
Your encouragement, your financial contributions, your sharing your experiences, your suggestions, and your speaking out at council meetings – all of that helped us.

CONTINUNG THE FIGHT
We have learned a huge amount from this process. We now understand better the council’s approach to consultations and decision making; and the limitations in the law’s ability to protect the public from poor decisions.

Some may expect us now to give up – but the fact that we have not been given permission to proceed further with this case, does not mean that the decision made was a good decision for the people who live, work or study in Oxford.

So, the fight goes on – particularly to stop the Traffic Filters coming in later this year, as this scheme will be even more damaging than the less punitive congestion charge.

Please watch this space for more information on our future campaign plans.