Adams, R (on the application of) v The Commission for Local Administration In England & Ors [2011] EWHC 2972 (Admin) (11 November 2011)

Adams, R (on the application of) v The Commission for Local Administration In England & Ors [2011] EWHC 2972 (Admin) (11 November 2011)

The Ombudsman acted within her statutory discretion to discontinue the investigation when satisfied with the Council's actions and was not required to issue a report; however, she unlawfully failed to provide a statement of reasons for discontinuance as required by statute. There was no obligation to recommend payment of legal costs, and the procedure adopted did not breach natural justice.

Citation
[2011] EWHC 2972 (Admin)
Parties
Claimant: Janet Adams; Defendant: The Commission for Local Administration in England; Interested Party: The London Borough of Lambeth; Intervener: The Public Law Project
Jurisdiction
England and Wales
Judgment Date
11 November 2011
Procedural Posture
Judicial Review / Final Judgment in Administrative Court
Outcome
Application for judicial review dismissed save for a declaration regarding failure to provide a statement of reasons.
Legal Topics
Ombudsman Powers, Maladministration, Housing Allocation, Compensation, Legal Costs, Natural Justice, Judicial Review Procedure
Administrative Law Local Government Law Public Law Ombudsman Powers Maladministration Housing Allocation Compensation Legal Costs +2 more

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Parties

Janet Adams

Claimant

The Commission for Local Administration in England

Defendant

The London Borough of Lambeth

Interested Party

The Public Law Project

Intervener

Procedural Posture

Judicial Review / Final Judgment in Administrative Court

Legal Issues

  1. 1 Whether the Ombudsman lawfully discontinued the investigation without issuing a report under section 30(1) of the Local Government Act 1974
  2. 2 Whether the Ombudsman was required to provide a statement of reasons for discontinuance
  3. 3 Whether the Ombudsman should have recommended payment of the claimant's legal costs

Ratio Decidendi

The Ombudsman acted within her statutory discretion to discontinue the investigation when satisfied with the Council's actions and was not required to issue a report; however, she unlawfully failed to provide a statement of reasons for discontinuance as required by statute. There was no obligation to recommend payment of legal costs, and the procedure adopted did not breach natural justice.

Court Disposition

Application for judicial review dismissed save for a declaration regarding failure to provide a statement of reasons.

Orders

  • Declaration that the Defendant unlawfully failed to issue a statement of reasons for discontinuance of the investigation.
  • No substantive relief or order for provision of a statement of reasons.