Brian Ash QC successfully defends decision of the Local Government Ombudsman

Brian Ash QC successfully defends decision of the Local Government Ombudsman


CategoryNews Author Brian Ash QC Date

Brian Ash QC successfully defended, both at first instance and in the Court of Appeal, a decision of the Local Government Ombudsman not to investigate part of a complaint of a failure by a local authority to provide suitable education for a child with special educational needs. The Ombudsman said that she was precluded from investigating any such failure in respect of the period when the matter became the subject of an appeal to a specialist tribunal. This was the first case in which the courts have considered the constraints upon a local commissioner’s power to investigate under section 26(6) of the Local Government Act 1974 in the context of the expanded jurisdiction to investigate complaints of “service failures”. See ER v LGO [2014] EWCA Civ 1407

 


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