Source: All England Reporter
Publisher Citation: [2002] All ER (D) 243 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Thorpe, Judge and Buxton LJJ

Representation Kate Thirlwall QC and Rachel Langdale (instructed by Unison Legal Services) for the claimant.
  Beverley Lang QC and Jane Collier (instructed by Parker Arrenberg Dawson & Cobb) for the local authority.
Judgment Dates: 16 July 2002

Catchwords

Judicial review - Availability of remedy - Discretion of court to grant relief - Child abuse register - Registration of alleged abuser - Claimant's name forwarded to Secretary of State for inclusion in list of individuals considered unsuitable to work with children - Claimant claiming investigations carried out by defendant authority flawed - Judge refusing to grant claimant relief sought - Whether judge wrong to refuse judicial review - Child Protection Act 1999, ss 1, 2, 4.

The Case

A judge had been entitled to exercise his discretion in refusing to grant the claimant judicial review in respect of a decision to put his name forward to the Secretary of State to be included in the list of individuals who were considered unsuitable to work with children provided for by the Child Protection Act 1999 on the grounds that there was an alternative remedy available, namely an appeal to the tribunal, which would be able to carry out a full investigation, and there was no reason to interfere with that decision.

Practice Areas

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