Source: Herbert Smith Freehills

Herbert Smith Freehills – The article analyzes the legal implications of public bodies using AI in decision-making, with a focus on the UK public law framework and the potential for judicial review. It explores how automated systems used by government departments (e.g., for social benefits, immigration, or resource allocation) could give rise to legal challenges when their outputs affect individual rights.

UK administrative law requires that public decisions be fair, reasoned, and open to review. The use of opaque AI models may conflict with these principles, particularly when the rationale for decisions is difficult to explain or audit. The authors highlight that courts may increasingly be asked to test the legality and fairness of AI-driven decisions.

To mitigate legal risks, public authorities are advised to ensure transparency, maintain human oversight, and develop documentation standards that allow for explainability and accountability. The piece anticipates more litigation as AI becomes central in governance.