Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor (Rev 1)

Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor (Rev 1)

Section 83 of the Government of Wales Act 2006, as a constitutional statute, expressly permits the Welsh Ministers to delegate their functions, including those under section 113A of the Learning and Skills Act 2000, to local authorities. There is no implied prohibition in the earlier education statutes, and the arrangement with the Council was lawful. The consultation process was not predetermined, and procedural irregularities did not invalidate the process. Delay in raising bias and code of conduct issues precluded permission on those grounds. Costs are awarded to the Welsh Ministers and, for the Council, only from the date it became a defendant on the additional grounds.

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 and Post Judgment Costs Ruling
Outcome
Claim dismissed. Permission refused on bias and code of conduct grounds; granted but claim dismissed on predetermination and timing grounds; claim dismissed on delegation ground.
Legal Topics
Delegation of Statutory Powers, Bias and Code of Conduct, Consultation Procedures, Judicial Review, Costs in Public Interest Litigation
Administrative Law Education Law Constitutional Law Delegation of Statutory Powers Bias and Code of Conduct Consultation Procedures Judicial Review Costs in Public Interest Litigation

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Parties

Governors of Brynmawr Foundation School

Claimant

Welsh Ministers

First Defendant

Blaenau Gwent County Borough Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment and Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether Welsh Ministers unlawfully delegated statutory functions to the Council under section 83 of GOWA 2006
  2. 2 Whether Council's consultation process was vitiated by bias, predetermination, or procedural unfairness
  3. 3 Whether timing of consultation breached statutory guidance

Ratio Decidendi

Section 83 of the Government of Wales Act 2006, as a constitutional statute, expressly permits the Welsh Ministers to delegate their functions, including those under section 113A of the Learning and Skills Act 2000, to local authorities. There is no implied prohibition in the earlier education statutes, and the arrangement with the Council was lawful. The consultation process was not predetermined, and procedural irregularities did not invalidate the process. Delay in raising bias and code of conduct issues precluded permission on those grounds. Costs are awarded to the Welsh Ministers and, for the Council, only from the date it became a defendant on the additional grounds.

Court Disposition

Claim dismissed. Permission refused on bias and code of conduct grounds; granted but claim dismissed on predetermination and timing grounds; claim dismissed on delegation ground.

Orders

  • Claimant to bear Welsh Ministers' costs, subject to detailed assessment.
  • Council awarded costs only from 22 October 2010, subject to detailed assessment.