The National Council for Civil Liberties, R (on the application of) v The Secretary of State for the Home Department

The National Council for Civil Liberties, R (on the application of) v The Secretary of State for the Home Department

The Court held that the Secretary of State's regulations defining 'serious disruption' as 'more than minor' were ultra vires because the natural and ordinary meaning of 'serious' does not encompass anything merely 'more than minor', and the enabling power did not authorise lowering the statutory threshold. The Court further held that the Secretary of State's engagement with policing bodies did not amount to a formal consultation requiring fairness to all affected interests, so the consultation ground failed.

Parties
Claimant/respondent: The National Council for Civil Liberties (Liberty); Defendant/appellant: The Secretary of State for the Home Department; First Intervener: Public Law Project; Second Interveners: The Speaker of the House of Commons and the Clerk of the Parliaments
Jurisdiction
England and Wales
Judgment Date
22 May 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From Divisional Court
Outcome
Appeal dismissed in respect of the ultra vires ground; allowed in respect of the consultation ground.
Legal Topics
Ultra Vires, Henry VIII Powers, Consultation Requirements, Freedom of Assembly, Statutory Interpretation
Constitutional Law Administrative Law Human Rights Ultra Vires Henry VIII Powers Consultation Requirements Freedom of Assembly Statutory Interpretation

Case Brief

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Parties

The National Council for Civil Liberties (Liberty)

Claimant/respondent

The Secretary of State for the Home Department

Defendant/appellant

Public Law Project

First Intervener

The Speaker of the House of Commons and the Clerk of the Parliaments

Second Interveners

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From Divisional Court

Legal Issues

  1. 1 Whether the Secretary of State's regulations defining 'serious disruption' as 'more than minor' were ultra vires the enabling power in the Public Order Act 1986 as amended
  2. 2 Whether the Secretary of State conducted an unfair and one-sided consultation prior to making the regulations

Ratio Decidendi

The Court held that the Secretary of State's regulations defining 'serious disruption' as 'more than minor' were ultra vires because the natural and ordinary meaning of 'serious' does not encompass anything merely 'more than minor', and the enabling power did not authorise lowering the statutory threshold. The Court further held that the Secretary of State's engagement with policing bodies did not amount to a formal consultation requiring fairness to all affected interests, so the consultation ground failed.

Court Disposition

Appeal dismissed in respect of the ultra vires ground; allowed in respect of the consultation ground.

Orders

  • The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 are quashed as ultra vires.
  • No further relief granted on the consultation ground.