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Judicial review – Competency. Court of Session: Dismissing as incompetent a judicial review petition brought by a mother as the guardian of her adult son with Down's Syndrome, seeking judicial review of decisions made by a local authority in the assessment of her son's needs, the court held that the authority's complaints procedure was available to the petitioner and was capable of curing the alleged injustice of which she complained, however she had not resorted to it and in those circumstances her application for judicial review was not competent.
Judicial review – Competency. Court of Session: Dismissing as incompetent a judicial review petition brought by a mother as the guardian of her adult son with Down's Syndrome, seeking judicial review of decisions made by a local authority in the assessment of her son's needs, the court held that the authority's complaints procedure was available to the petitioner and was capable of curing the alleged injustice of which she complained, however she had not resorted to it and in those circumstances her application for judicial review was not competent.
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