Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions

Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions

The Secretary of State's failure to establish the Child Poverty Commission and obtain its advice before publishing the first UK child poverty strategy was a breach of section 10(1) of the Child Poverty Act 2010. This was a sufficiently important procedural requirement that Parliament intended compliance to be a condition of validity. However, the court declined to quash the strategy, instead granting a declaration that the Secretaries of State did not discharge their statutory duty. The challenge to the sufficiency of the strategy under section 9(7) was rejected as the Secretary of State's approach was not irrational.

Parties
Claimant: Child Poverty Action Group; First Defendant: Secretary of State for Work and Pensions; Second Defendant: Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
17 July 2012
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim allowed in part; declaration granted; no order as to costs.
Legal Topics
Judicial Review, Statutory Interpretation, Child Poverty Act 2010, Welfare Reform Act 2012, Public Law Remedies
Administrative Law Constitutional Law Social Welfare Law Judicial Review Statutory Interpretation Child Poverty Act 2010 Welfare Reform Act 2012 Public Law Remedies

Case Brief

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Parties

Child Poverty Action Group

Claimant

Secretary of State for Work and Pensions

First Defendant

Secretary of State for Education

Second Defendant

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the publication of the first UK child poverty strategy complied with section 10(1) of the Child Poverty Act 2010 (duty to obtain advice from the Child Poverty Commission)
  2. 2 Whether the strategy complied with section 9(7) of the Child Poverty Act 2010 (requirement to describe progress/measures)
  3. 3 What remedy is appropriate if there was a breach

Ratio Decidendi

The Secretary of State's failure to establish the Child Poverty Commission and obtain its advice before publishing the first UK child poverty strategy was a breach of section 10(1) of the Child Poverty Act 2010. This was a sufficiently important procedural requirement that Parliament intended compliance to be a condition of validity. However, the court declined to quash the strategy, instead granting a declaration that the Secretaries of State did not discharge their statutory duty. The challenge to the sufficiency of the strategy under section 9(7) was rejected as the Secretary of State's approach was not irrational.

Court Disposition

Claim allowed in part; declaration granted; no order as to costs.

Orders

  • Declaration that in producing the document 'A New Approach to Child Poverty: Tackling the Causes of Disadvantage and Transforming Families' Lives' the Secretaries of State did not discharge the duty contained in section 9(1) of the Child Poverty Act 2010 because the duties contained in sections 10(1) and 10(3) of...
  • No order as to costs.