Dyer

R v Parliamentary Commissioner for Administration, ex p Dyer [1994] 1 WLR 621

Case report (vLex)

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Parties and outcome

Claimant
Monica Dyer
Defendant
Parliamentary Commissioner for Administration
Outcome
The Commissioner won: Dyer’s application for judicial review was dismissed.

Citations in this work

Eastleigh

R v Local Commissioner for Administration, ex p Eastleigh Borough Council [1988] QB 855

Before passing from this part of the case I should mention briefly two authorities with regard to the exercise of the courts' review jurisdiction *627 over local commissioners' reports — Reg. v. Local Commissioner for Administration for the South, the West, the West Midlands, Leicestershire, Lincolnshire and Cambridgeshire, Ex parte Eastleigh Borough Council [1988] Q.B. 855 and Reg. v. Commissioner for Local Administration, Ex parte Croydon London Borough Council [1989] 1 All E.R. 1033 .

Eastleigh

R v Local Commissioner for Administration, ex p Eastleigh Borough Council [1988] QB 855

Only in Ex parte Eastleigh Borough Council [1988] Q.B. 855 , 866, was the jurisdictional issue raised, Lord Donaldson of Lymington M.R. stating: “Let me start with the fact that Parliament has not created a right of appeal against the findings in a local commissioner's report.

Croydon

R v Commissioner for Local Administration, ex p Croydon London Borough Council [1989] 1 All ER 1033

Before passing from this part of the case I should mention briefly two authorities with regard to the exercise of the courts' review jurisdiction *627 over local commissioners' reports — Reg. v. Local Commissioner for Administration for the South, the West, the West Midlands, Leicestershire, Lincolnshire and Cambridgeshire, Ex parte Eastleigh Borough Council [1988] Q.B. 855 and Reg. v. Commissioner for Local Administration, Ex parte Croydon London Borough Council [1989] 1 All E.R. 1033 .

Wednesbury

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223

The intended width of these discretions is made strikingly clear by the legislature: under section 5(5) , when determining whether to inititate, continue or discontinue an investigation, the Commissioner shall “act in accordance with his own discretion;” under section 7(2) , “the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case.” Bearing in mind too that the exercise of these particular discretions inevitably involves a high degree of subjective judgment, it follows that it will always be difficult to mount an effective challenge on what may be called the conventional ground of Wednesbury unreasonableness ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223 ).

Eastleigh

R v Local Commissioner for Administration, ex p Eastleigh Borough Council [1988] QB 855

As Lord Donaldson of Lymington M.R. said in Ex parte Eastleigh [1988] Q.B. 855 , 867: “… I am very far from encouraging councils to seek judicial review of an ombudsman's report, which, bearing in mind the nature of his office and duties and the qualifications of those who hold that office, is inherently unlikely to succeed …” Both those cases were, of course, concerned with judicial review applications by local authorities against whom the local commissioner had reported adversely.

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