Judicial review – complaints review panels – alternative remedy
Where there is an alternative effective and convenient remedy, eg a statutory complaints procedure, that remedy should be exhausted before recourse is had to judicial review. In terms of effectiveness, there was little difference between a complaints review panel’s recommendations and a court order. If the local authority refused to follow the panel’s recommendations, judicial review could be invoked at that stage
*(The judge’s disagreement in this case, with the argument that the presence of local authority members on complaints review panels complaints meant that there was an inbuilt unfairness in the procedure, must now be read in light of Human Rights Act 1998 and the right to a fair hearing in article 6 of the Convention).