Otobo, R (on the application of) v Slough Borough Council

Otobo, R (on the application of) v Slough Borough Council

There is no arguable breach of Article 6 ECHR, rules of disclosure, or other cited rights by inviting the claimant to a voluntary interview without pre-interview disclosure; the process is fair and lawful at the investigation stage.

Parties
Claimant: Otobo; Defendant: Slough Borough Council
Jurisdiction
England and Wales
Judgment Date
12 January 2011
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Application for permission to apply for judicial review dismissed
Legal Topics
Disclosure Obligations, Article 6 ECHR, Voluntary Interview, Judicial Review Procedure
Administrative Law Human Rights Disclosure Obligations Article 6 ECHR Voluntary Interview Judicial Review Procedure

Case Brief

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Parties

Otobo

Claimant

Slough Borough Council

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the council was required to provide pre-interview disclosure to the claimant under Article 6 ECHR or rules of disclosure
  2. 2 Whether the process adopted by the council was unfair or in breach of ECHR or EU Charter rights

Ratio Decidendi

There is no arguable breach of Article 6 ECHR, rules of disclosure, or other cited rights by inviting the claimant to a voluntary interview without pre-interview disclosure; the process is fair and lawful at the investigation stage.

Court Disposition

Application for permission to apply for judicial review dismissed

Orders

  • Permission to apply for judicial review refused
  • No order as to costs