Brown, R (on the application of) v Secretary of State for Work and Pensions

Brown, R (on the application of) v Secretary of State for Work and Pensions

The court held that Regulation 3(b) of the 2007 Regulations was lawfully made within the powers conferred by section 49D DDA and section 14 Interpretation Act 1978, and was not made for an improper purpose. The SSBERR did not breach the public sector equality duty under section 49A(1) DDA in the formulation or implementation of the Post Office closure programme. There was no statutory requirement to conduct a formal disability equality impact assessment, and the evidence showed that due regard was given to the needs of disabled people. The claims were dismissed.

Parties
Claimant: Judy Brown; First Defendant: Secretary of State for Work and Pensions; Second Defendant: Secretary of State for Business, Enterprise and Regulatory Reform; First Interested Party: Royal Mail Group Limited; Second Interested Party: Post Office Limited; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Disability Discrimination, Public Sector Equality Duty, Judicial Review, Statutory Interpretation, Consultation Requirements
Administrative Law Equality and Discrimination Law Public Law Disability Discrimination Public Sector Equality Duty Judicial Review Statutory Interpretation Consultation Requirements

Case Brief

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Parties

Judy Brown

Claimant

Secretary of State for Work and Pensions

First Defendant

Secretary of State for Business, Enterprise and Regulatory Reform

Second Defendant

Royal Mail Group Limited

First Interested Party

Post Office Limited

Second Interested Party

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Regulation 3(b) of the 2007 Regulations was ultra vires or unlawfully made
  2. 2 Whether the Secretary of State for Business, Enterprise and Regulatory Reform (SSBERR) breached the public sector equality duty under section 49A(1) DDA in the Post Office closure programme
  3. 3 Whether a formal Disability Equality Impact Assessment was required under the DDA or related regulations/codes

Ratio Decidendi

The court held that Regulation 3(b) of the 2007 Regulations was lawfully made within the powers conferred by section 49D DDA and section 14 Interpretation Act 1978, and was not made for an improper purpose. The SSBERR did not breach the public sector equality duty under section 49A(1) DDA in the formulation or implementation of the Post Office closure programme. There was no statutory requirement to conduct a formal disability equality impact assessment, and the evidence showed that due regard was given to the needs of disabled people. The claims were dismissed.

Court Disposition

Claim dismissed