Wednesday, May 10, 2006

Natural Justice

The Local Government Ombudsman's powers are derived from the 1974 Local Government Act.

The Local Government Ombudsman often ignore the rules of natural justice, however, this is what Lord Russell had to say about Parliament’s intent regarding Acts of parliament in Fairmount Investments Ltd v Secretary of State for the Environment (1976)

“... for it is to be implied, unless the contrary appears, that Parliament does not authorise by the Act the exercise of powers in breach of the principles of natural justice, and that Parliament does by the Act require, in particular procedures, compliance with those principles .”

So as far as Lord Russell is concerned the LGO should not ignore the rules of natural justice.

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