K v Cornwall County Council [2005] EWCA Civ 1815 (13 December 2005)

K v Cornwall County Council [2005] EWCA Civ 1815 (13 December 2005)

The refusal to restore the application for permission to apply for judicial review was based on a mistaken understanding of the availability of an alternative remedy via the Local Government Ombudsman, as Section 26(6)(c) of the Local Government Act 1974 precludes such a remedy where a court remedy exists. Therefore, permission to apply for judicial review should be granted to allow the claim for damages to proceed.

Citation
[2005] EWCA Civ 1815
Parties
Appellant/claimant: K; Defendant/respondent: Cornwall County Council
Jurisdiction
England and Wales
Judgment Date
13 December 2005
Procedural Posture
Judicial Review / Application for Permission to Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review granted; matter remitted to the Administrative Court.
Legal Topics
Judicial Review, Alternative Remedies, Human Rights Act Damages, Local Government Ombudsman, Mistake of Law
Administrative Law Human Rights Judicial Review Alternative Remedies Human Rights Act Damages Local Government Ombudsman Mistake of Law

Case Brief

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Parties

K

Appellant/claimant

Cornwall County Council

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the claimant's claim for damages under the Human Rights Act should be allowed to proceed despite the existence of an alternative remedy via the Local Government Ombudsman
  2. 2 Whether the refusal to restore the application for permission to apply for judicial review was based on a mistaken understanding of the law

Ratio Decidendi

The refusal to restore the application for permission to apply for judicial review was based on a mistaken understanding of the availability of an alternative remedy via the Local Government Ombudsman, as Section 26(6)(c) of the Local Government Act 1974 precludes such a remedy where a court remedy exists. Therefore, permission to apply for judicial review should be granted to allow the claim for damages to proceed.

Court Disposition

Permission to apply for judicial review granted; matter remitted to the Administrative Court.

Orders

  • Permission to apply for judicial review granted.
  • Matter returned to the Administrative Court for further proceedings.