Automation Bias and the Principles of Judicial Review

1. Though much of it remains out of sight, it is no secret that the use of automated decision-making systems in government is now widespread and growing. In practice, many such systems are partially, rather than fully, automated; there is a ‘human in the loop’. In such a system, there are a range of downstream risks in respect of the quality of administrative decision-making. One such potential risk is automation bias – a welldocumented psychological phenomenon whereby decision-makers put too much, or inappropriate, trust in computers and thus effectively abdicate to some extent their own discretionary judgement. The question of how judicial review may respond to this risk is on the horizon.