How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I made a complaint about my legal advisors to the ombudsman

Resolved Question:

I made a complaint about my legal advisors to the ombudsman and during the course of their investigations it became apparent that my legal advisors failed to take copies of important documents at our initial meeting and therefore returned incorrect advice.
I alerted the ombudsman to the problem and they refused to accept that the missing documents had any bearing on their decisions.
I made a second complaint under a different heading, failure to identify my objectives and failure to pass important documents to the barrister for correct advice, and the ombudsman has this time refused to investigate stating the outcome would be the same.
it is clear to me that they do not want to accept that it was their office who alerted me to the missing documents and have twisted everything unfairly and irrationally against me so my question is, what parts of the human rights act do I need to include in the claim form for judicial review?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Judicially review who please?
Alex

Customer: replied 1 year ago.
Judicially review the Ombudsman's decision. I thought that would be obvious.
Expert:  Ash replied 1 year ago.

It would be under Article 6.

If you want to consider a Judicial Review you should also read this guidance:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

But to answer your question, its Article 6

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
there is nothing in article 6 that deals with unfairness, irrationality, or unlawfulness of any public body.
Expert:  Ash replied 1 year ago.

You asked what part of the Human Rights Act do you need - that is Article 6.

You are getting confused with Wednesbury undreasonabless which is a totally different matter.

That is not the Human Rights Act - which is what your question was.

Does that clarify? Alex

Customer: replied 1 year ago.
ok, let me ask you the question this way. Is the Ombudsman breaching any part of my human rights by intentionally blocking my route to a positive outcome from their office? it was their office which sent me the evidence bundle they received from my legal advisors and that is when I realised my legal advisors were missing a very important document. Since then the ombudsman has twisted themselves into a knot to cover up that fact and are refusing to investigate the second lot of complaints.
Expert:  Ash replied 1 year ago.

If it is intentional the yes. You really do need to teach them a lesson and blow this cover up wide open.

They should not abuse their power nor be allowed to get away with it,

Does that claorfy? Alex

Customer: replied 1 year ago.
it is intentional and I can prove it but back to my original question what article of the human rights act are they breaching.
Expert:  Ash replied 1 year ago.

My question remains, article 6.

Alex

Customer: replied 1 year ago.
Can you be more specific. Is the right to a fair trial the same as the right to being treated fairly by a public body.
Expert:  Ash replied 1 year ago.

No, that is different. You have been denied the right because of the ombudsman decision. They have prevented your right to justice.

Does that clairfy? Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok, please explain what part of article six I can rely on and why.
Customer: replied 1 year ago.
I get it, sorry for being slow but my head has had enough for today. Thank you for your help. 5 stars