BG (by his mother and litigation friend SQ) & Anor (R on the application of) v Suffolk County Council

The court quashed the decision of 12 November 2020 to rectify an error but refused to grant the respondents' claim for payment as it was not pleaded or raised at the appropriate stage.

Parties: Claimant/respondent: BG (by his mother and litigation friend SQ); Claimant/respondent: KG (by his mother and litigation friend SQ); Defendant/appellant: Suffolk County Council
Jurisdiction: England and Wales
Judgment Date: 26 July 2022
Procedural Posture: Judicial Review / Supplemental Judgment on Consequentials After Appeal
Outcome: Decision of 12 November 2020 quashed; claim for payment refused
Legal Topics: Judicial Review, Quashing Orders, Restitution, Procedural Fairness

Administrative Law Judicial Review Quashing Orders Restitution Procedural Fairness

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Parties

BG (by his mother and litigation friend SQ)

Claimant/respondent

KG (by his mother and litigation friend SQ)

Claimant/respondent

Suffolk County Council

Defendant/appellant

Procedural Posture

Judicial Review / Supplemental Judgment on Consequentials After Appeal

Legal Issues

1 Whether the court should quash the appellant’s decision dated 12 November 2020
2 Whether the respondents are entitled to payment of sums allegedly lost due to the quashed decision

Ratio Decidendi

The court quashed the decision of 12 November 2020 to rectify an error but refused to grant the respondents' claim for payment as it was not pleaded or raised at the appropriate stage.

Court Disposition

Decision of 12 November 2020 quashed; claim for payment refused

Orders

The decision of Suffolk County Council dated 12 November 2020 is quashed.
The respondents' claim for payment of sums allegedly lost is refused.