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Committees Giving Reasons: Attribution and Sufficiency

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Peer-reviewed

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Article

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Abstract

Administrative reasons are important, particularly in terms of facilitating access to justice for a claimant to bring a judicial review claim. When decisions are taken by committees, there are particular difficulties regarding such reasons, both in terms of the identification of the committee’s reasons, and in terms of ensuring that the reasons provided are sufficient. Committees should be required to express their reasons in a resolution, and the courts should cease their practice of inferring reasons from a committee’s agreement with a recommendation as to the outcome set out in an Officer Report. As regards sufficiency, reasons given by committee must address an irreducible core which permits access to justice; there are factors which a court can take into account in considering whether more detailed reasons are required.

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Journal Title

Public Law

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Journal ISSN

0033-3565
2754-219X

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Publisher

Sweet and Maxwell

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