Leeds City Council, ex parte Hendry [1993] 158 LGRevR 621 (QBD).

Departure from policy – local authority officer – alternative remedy – judicial review

A local authority officer could not simply depart from the authority’s policy unless that policy had been formally amended. Although an alternative remedy was offered (under s48(7) Local Government (Miscellaneous Provisions) Act 1976) through an application to magistrates, the proper question to be asked was not whether there was an alternative remedy, but whether in the context of that remedy the real issue could be determined by that means.

Leave a Reply

Your email address will not be published.