K v Cornwall County Council

K v Cornwall County Council

Permission to apply for judicial review is granted because the previous refusal was based on the erroneous assumption that the Local Government Ombudsman was an available alternative remedy, overlooking Section 26(6)(c) of the Local Government Act 1974, which precludes the Ombudsman from investigating where a court remedy exists.

Parties
Claimant/appellant: K; Defendant/respondent: Cornwall County Council
Jurisdiction
England and Wales
Judgment Date
13 December 2005
Procedural Posture
Judicial Review / Application for Permission to Appeal and Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review granted; matter returned to Administrative Court; costs issue left open.
Legal Topics
Judicial Review, Alternative Remedies, Damages Under Human Rights Act, Local Government Ombudsman
Administrative Law Human Rights Judicial Review Alternative Remedies Damages Under Human Rights Act Local Government Ombudsman

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Parties

K

Claimant/appellant

Cornwall County Council

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal and Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the claimant should be granted permission to apply for judicial review against Cornwall County Council for damages under the Human Rights Act
  2. 2 Whether the existence of an alternative remedy via the Local Government Ombudsman precludes judicial review
  3. 3 Whether the previous refusal to restore the application was based on a mistaken understanding of the Local Government Act 1974

Ratio Decidendi

Permission to apply for judicial review is granted because the previous refusal was based on the erroneous assumption that the Local Government Ombudsman was an available alternative remedy, overlooking Section 26(6)(c) of the Local Government Act 1974, which precludes the Ombudsman from investigating where a court remedy exists.

Court Disposition

Permission to apply for judicial review granted; matter returned to Administrative Court; costs issue left open.

Orders

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