“…Judge 2 referred to exceptions to the functus officio principle which had been recognised in paragraph 3 of R (Sambotin) v Brent London Borough Council [2018] EWCA Civ 1826; [2019] PTSR 371 (paragraph 64). She accepted that the Ombudsman had no express statutory power to revoke a section 30(1) report. The question was whether a st…”
“…ion. It lacks power, or authority to do so, and is functus officio for the reasons explained by Peter Jackson LJ in R (Sambotin) v Brent London Borough Council [2018] EWCA Civ 1826, [2018] PTSR 371. However, that may not be the position in relation to the way in which the section 193(2) duty is performed.…”