Small claims court for government departments.

[UrbanGoose]

Can you sue a government department for refusing to comply with an act of Parliament through the small claims court process?
If a government department is so disorganised it refuses to honour a Freedom of Information (FOI) request you can complain to the Information Commission Office (ICO) but as there is no real way to seek damages through the complaints process with ICO.

[efpom]

There is no small claims court - There is a small claims track. Are you asking if you can bring a county court claim?

[UrbanGoose]

Yes.

[des8]

If you can demonstrate that the inaction of the relevant department can fit into the structure of an existing tort you could start a claim in the county court.

If a public body (?government dept) breaches its statutory duty compensation might be payable.
However the claimant then has to show
- the statute intends that a breach of the relevant duty gives rise to a private law action for damages;
-the breach occurred
-loss was sustained

A lot easier said than done!

[UrbanGoose]

If you can demonstrate that the inaction of the relevant department can fit into the structure of an existing tort you could start a claim in the county court.

If a public body (?government dept) breaches its statutory duty compensation might be payable.
However the claimant then has to show
- the statute intends that a breach of the relevant duty gives rise to a private law action for damages;
-the breach occurred
-loss was sustained

A lot easier said than done!

That's brilliant, thanks for the reply!