Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor (Rev 1) [2011] EWHC 519 (Admin) (09 March 2011)

Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor (Rev 1) [2011] EWHC 519 (Admin) (09 March 2011)

The arrangement made under section 83 of the Government of Wales Act 2006 did not constitute an unlawful delegation of statutory powers by the Welsh Ministers to the Council, as the statute expressly permits such arrangements and responsibility remains with the Welsh Ministers. The Council's consultation process was not vitiated by actual or apparent bias, predetermination, or procedural unfairness sufficient to render the process unlawful.

Citation
[2011] EWHC 519 (Admin)
Parties
Claimant: Governors of Brynmawr Foundation School; First Defendant: Welsh Ministers; Second Defendant: Blaenau Gwent County Borough Council
Jurisdiction
England and Wales
Judgment Date
09 March 2011
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Delegation of Statutory Powers, School Reorganisation, Bias and Predetermination in Public Decision Making, Consultation Requirements, Agency Arrangements Under Government of Wales Act 2006
Administrative Law Education Law Devolution Law Delegation of Statutory Powers School Reorganisation Bias and Predetermination in Public Decision Making Consultation Requirements Agency Arrangements Under Government of Wales Act 2006

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Governors of Brynmawr Foundation School

Claimant

Welsh Ministers

First Defendant

Blaenau Gwent County Borough Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Welsh Ministers' arrangement with the Council under section 83 of the Government of Wales Act 2006 constituted an unlawful delegation of statutory powers regarding sixth form reorganisation in a foundation school
  2. 2 Whether the Council's consultation process was vitiated by bias, predetermination, or procedural unfairness

Ratio Decidendi

The arrangement made under section 83 of the Government of Wales Act 2006 did not constitute an unlawful delegation of statutory powers by the Welsh Ministers to the Council, as the statute expressly permits such arrangements and responsibility remains with the Welsh Ministers. The Council's consultation process was not vitiated by actual or apparent bias, predetermination, or procedural unfairness sufficient to render the process unlawful.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order for relief against the Welsh Ministers or the Council