National Council for Civil Liberties, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 571 (02 May 2025)

National Council for Civil Liberties, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 571 (02 May 2025)

The phrase 'serious disruption' in the Public Order Act 1986 connotes a high threshold and does not naturally encompass disruption that is merely 'more than minor'. The enabling power in sections 12(12) and 14(11) did not permit the Secretary of State to lower the threshold for police intervention by redefining 'serious disruption' to include 'more than minor' disruption. The Regulations were therefore ultra vires. The consultation process was also found to be unfair.

Citation
[2025] EWCA Civ 571
Parties
Claimant/respondent: The National Council for Civil Liberties (Liberty); Defendant/appellant: The Secretary of State for the Home Department; First Intervener: Public Law Project; Second Interveners: The Speaker of the House of Commons and the Clerk of the Parliaments
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed; Divisional Court's order quashing the Regulations upheld.
Legal Topics
Delegated Legislation, Henry VIII Powers, Judicial Review, Freedom of Assembly, Statutory Interpretation, Consultation Duty
Public Law Constitutional Law Administrative Law Human Rights Delegated Legislation Henry VIII Powers Judicial Review Freedom of Assembly +2 more

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Parties

The National Council for Civil Liberties (Liberty)

Claimant/respondent

The Secretary of State for the Home Department

Defendant/appellant

Public Law Project

First Intervener

The Speaker of the House of Commons and the Clerk of the Parliaments

Second Interveners

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 were ultra vires the enabling provisions in sections 12(12) and 14(11) of the Public Order Act 1986
  2. 2 Whether the consultation process prior to making the Regulations was unfair

Ratio Decidendi

The phrase 'serious disruption' in the Public Order Act 1986 connotes a high threshold and does not naturally encompass disruption that is merely 'more than minor'. The enabling power in sections 12(12) and 14(11) did not permit the Secretary of State to lower the threshold for police intervention by redefining 'serious disruption' to include 'more than minor' disruption. The Regulations were therefore ultra vires. The consultation process was also found to be unfair.

Court Disposition

Appeal dismissed; Divisional Court's order quashing the Regulations upheld.

Orders

  • The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 are quashed.
  • No further relief granted.