2014 11 Education

Monday 1 December 2014

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R (ER) v Commissioner for Local Administration (Local Government Ombudsman) and London Borough of Hillingdon [2014] EWCA Civ 1407 (LLJ Moore-Bick, Aikens, Bean): The Local Government Ombudsman had no jurisdiction to investigate the consequences of a local authority's decision if the investigation itself was excluded by the Local Goverment Act 1974 section 26(6). The judicial review related to a challenge to the LGO for not upholding a complaint that the local authority had failed to education in circumstances where there was a pending dispute over the suitability of the school on offer. The LGO was correct to find it was not in a position to make any findings as to suitability of the school and thus no jurisdiction to determine whether the failure to education was maladminstration as that was directly linked with the suitability question. Click here for judgment.

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