Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2012] EWHC 2579 (Admin) (17 July 2012)

Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2012] EWHC 2579 (Admin) (17 July 2012)

The Secretary of State's failure to obtain advice from the Child Poverty Commission before publishing the first UK child poverty strategy was a breach of section 10(1) of the Child Poverty Act 2010. This breach was sufficiently important that Parliament intended it to go to the vires to produce the strategy. The requirement was not merely directory but a substantive procedural safeguard. However, as Parliament has since repealed the requirement and the relevant Commission no longer exists, a quashing order would be inappropriate. A declaration is granted that the Secretaries of State did not discharge the duty contained in section 9(1) because the duties in sections 10(1) and 10(3) were...

Citation
[2012] EWHC 2579 (Admin)
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 / Final Judgment
Outcome
Claim for judicial review allowed in part; declaration granted.
Legal Topics
Judicial Review, Statutory Interpretation, Child Poverty Act 2010, Public Law Remedies, Ultra Vires, Rule of Law
Administrative Law Constitutional Law Social Welfare Law Judicial Review Statutory Interpretation Child Poverty Act 2010 Public Law Remedies Ultra Vires +1 more

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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 / Final Judgment

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 (requirement 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, if any, should be granted if a breach is found

Ratio Decidendi

The Secretary of State's failure to obtain advice from the Child Poverty Commission before publishing the first UK child poverty strategy was a breach of section 10(1) of the Child Poverty Act 2010. This breach was sufficiently important that Parliament intended it to go to the vires to produce the strategy. The requirement was not merely directory but a substantive procedural safeguard. However, as Parliament has since repealed the requirement and the relevant Commission no longer exists, a quashing order would be inappropriate. A declaration is granted that the Secretaries of State did not discharge the duty contained in section 9(1) because the duties in sections 10(1) and 10(3) were...

Court Disposition

Claim for judicial review allowed in part; declaration granted.

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.