Tuesday, May 23, 2006

Failure to give reasons

An investigator working for the Local Government Ombudsman stated

‘I think there is a short coming sometimes in just the way our system works and that there is a tendency often not to…I mean well I have been criticised myself by… the Ombudsman in the past for giving too detailed reasons to complainants because that can be a hostage to fortune and indeed it can.’

Now we know why they don’t give adequate reasons to support their decisions. As one Judge put it, the failure to give adequate reasoning in support of a decision is a de facto denial of a Judicial Review.

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