Source: All England Reporter
Publisher Citation: [2002] All ER (D) 193 (Jul)
Neutral Citation: [2002] EWCA Civ 973
Court: Court of Appeal, Civil Division
Judge:

Simon Brown, Dyson LJJ and Sir Swinton Thomas

Representation Andrew Nicol QC and Simon Cox (instructed by Hereward & Foster) for the claimant.
  Brian Ash QC and Gillian Carrington (instructed by Pulvers) for the defendant.
Judgment Dates: 12 July 2002

Catchwords

Local government - Maladministration - Complaint to local commissioner - Commissioner commencing investigation into complaint - Later commissioner deciding to discontinue investigation - Whether commissioner required to produce a report - s 30(1).

The Case

On the true construction of s30(1) of the a commissioner for local administration was only required to provide a report when an investigation into maladminstration had been completed; anything short of that, namely a determination either not to embark upon an investigation or subsequently to discontinue it, required only a statements of reasons why.

Practice Areas

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