Bhatti, R (on the application of) v Bury MBC

Bhatti, R (on the application of) v Bury MBC

The claimant cannot use the existing proceedings to challenge new decisions taken after the original decision was withdrawn, especially where an adequate alternative remedy exists via the statutory complaints procedure; the correct course is to dismiss the proceedings and require any new challenge to be brought in...

Source-derived case information.

Parties
Applicant: Deborah Bhatti; Defendant: Bury MBC
Jurisdiction
England and Wales
Judgment Date
14 October 2013
Procedural Posture
Judicial Review / Application to Reinstate Proceedings and Amend Grounds
Outcome
Application dismissed
Legal Topics
Judicial Review, Community Care Assessment, Adequate Alternative Remedy, Statutory Complaints Procedure
Administrative Law Public Law Judicial Review Community Care Assessment Adequate Alternative Remedy Statutory Complaints Procedure

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Parties

Deborah Bhatti

Applicant

Bury MBC

Defendant

Procedural Posture

Judicial Review / Application to Reinstate Proceedings and Amend Grounds

Legal Issues

  1. 1 Whether the claimant can reinstate judicial review proceedings to challenge a new decision after the original decision was withdrawn
  2. 2 Whether amended grounds can be substituted for the original grounds
  3. 3 Whether an extension of time should be granted for filing amended grounds

Ratio Decidendi

The claimant cannot use the existing proceedings to challenge new decisions taken after the original decision was withdrawn, especially where an adequate alternative remedy exists via the statutory complaints procedure; the correct course is to dismiss the proceedings and require any new challenge to be brought in fresh proceedings.

Court Disposition

Application dismissed

Orders

  • The claimant is not permitted to reinstate these proceedings.
  • The proceedings are dismissed.