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Stuart J
Stuart J, Solicitor
Category: European Law
Satisfied Customers: 22814
Experience:  Senior Partner at Berkson Wallace
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Can someone do a judicial review of a decision of a public

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Can someone do a judicial review of a decision of a public body without referring it first to its Obudsman?
Customer: replied 6 days ago.
Having exhausted the complaints procedure with it?

The requirement to go to the Ombudsman first although bearing in mind that the Ombudsman is free, I can’t think why anyone would not want to go through that process first and then judicially review afterwards.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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FES

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Customer: replied 6 days ago.
I will rate you but can I ask a couple more questions please?
Customer: replied 6 days ago.
The Parliamentary Obudsman when I called and explained the complaint said that in order to know what to expect they do not change decisions. They only look if the complaint's procedure was followed.
Customer: replied 6 days ago.
The procedure was followed, complaint, escalation, clarifications but the decision itself is
Customer: replied 6 days ago.
Unlawful.
Customer: replied 6 days ago.
And since they said they do not change decisions there was not point to go through them.
Customer: replied 6 days ago.
They take months to reply
Customer: replied 6 days ago.
Does this satisfy the request of jr without going to the Obudsman?

I think you need a court application to know the extent of the relationship between them and whether he acts for them in respect of other things because if he does, he is clearly not independent.

 

I would suggest that you wrote back to him also telling him that you wish to take action against the other freeholders in respect of this mat outside the door and you want confirmation that he is willing to take the instruction from you, and if not, why not?

 

The ultimate sanction is the tribunal.

JR is not quick

 

Customer: replied 6 days ago.
What court application please?
Customer: replied 6 days ago.
I have already made the application for jr.
Customer: replied 6 days ago.
The public body is the Environment Agency and the LGO too looks at some of its functions so I did ask them to look at it as well as the Council. But they refused to investigate the complaint for both.
Customer: replied 6 days ago.
After I had to wait for 6 months.

I apologise, you got the wrong reply. This is what you should have had:

 

Of course you can ask a few more questions. As many as you like-within reason.

 

Judicial review will not change a decision necessarily.

 

Judicial review simply requires the organisation to revisit the way in which the decision was reached if it can be proved that the decision which was reached was illegal, irrational, or had procedural impropriety.

 

The ultimate decision may be that the decision was correct so judicial review doesn’t necessarily mean that anyone is going to get the result they want.

 

If I knew the nature of the problem, I can probably clarify a little.

 

I’m not certain who “them” is but I think you are saying that the LGO refused to look in which case you would be reviewing both decisions.

Customer: replied 6 days ago.
Yes that is why then there is interim remedy right?
I will open another question maybe.
Could you please help with the one about the venue?

 

Correct.

Yes, I will look at that for you:

Customer: replied 6 days ago.
Thank you
Customer: replied 6 days ago.
Plus I made a claim for the Aarhus cap because the case is environmental.
Customer: replied 6 days ago.
So the cost for different barristers and many hearings will be way above the cap.
Customer: replied 6 days ago.
That was for the other question

Noted