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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 13604
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Could unfair refusal to investigate a complaint from an

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Could unfair refusal to investigate a complaint from an Obudsman be breach of Equality Act?

Customer: replied 4 days ago.
Could unfair refusal to investigate a complaint from an Obudsman be breach of Equality Act?

Hi,

Thank you for your query. Kindly explain the situation further

Customer: replied 4 days ago.
The LGO after closing a complaint twice, after delaying 6 months to reply after draft of decision, feedback from the claimant and internal review due to preaction notice replied (three times) that it will not investigate the claimsnt's complaint

Hi,

It seems this may be a matter to pursue as a judicial review.

Judicial review (JR) is the process by which judges examine the decisions of public bodies and consider whether the law has been correctly followed. It is important to stress that JR is not a re-run on the merits of the decision – judges confine themselves to considering whether the decision being challenged was lawful, and complies with the principles of public law. The potential grounds for JR are outlined below.

If a JR claim is successful the usual result is that the decision is "quashed" or nullified and has to be taken again. While this means that the public body can take exactly the same decision again, the need to follow proper procedure means that, in practice, at least a better - and often a substantively different - decision results.

JR can be an expensive and time-consuming process but it often the last mechanism people have for checking the abuse of power within Government and public bodies. It is therefore crucial for upholding the rule of law. JR is most effective when it forms part of a focused campaign to raise public awareness about issues of either significant local concern or wider public interest.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

chatham-chamber and other Law Specialists are ready to help you
Customer: replied 4 days ago.
I have further questions.
Customer: replied 4 days ago.
The jr has been asked for the above reasons and I am researching the legislation to base it upon

Hi,

Ok. What is your question....

Customer: replied 4 days ago.
No1 ground is the above procedural unfairness, correct?

Hi,

I would.need to review all of the documents to be able to give you a definitive answer

Customer: replied 4 days ago.
How?

Not able to do it through this forum.

This is a question and answer site

Customer: replied 4 days ago.
Any suggestions?

Hi,

Either a local solicitor or to find someone suitable on the law society website. The web address is: www.lawsociety.org.uk

Customer: replied 4 days ago.
They were all very busy so I made the application already
Customer: replied 4 days ago.
Just getting ready for the hearing

Ok. I'm afraid I cannot say much more on the subject without reviewing all of the documents.

Customer: replied 4 days ago.
The question is if the Equality Act is relevant. Are sure it is not?

Hi,

Wheter it is or is not is a matter for the courts