McCarthy & Ors v Basildon District Council

McCarthy & Ors v Basildon District Council

The Council's decisions to enforce under s.178 Town and Country Planning Act 1990 were flawed because the approach to need was too restrictive, insufficient consideration was given to the homelessness duty and individual circumstances, and the possibility of allowing some families to remain temporarily was not adequately addressed. The Council did not adequately demonstrate due regard to all relevant equality and homelessness duties in its decision-making process.

Parties
Claimants: McCarthy; Culligan; Coyle; Taylor & Others; Defendant: Basildon District Council; Intervener: Equality & Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
09 May 2008
Procedural Posture
Judicial Review / Substantive Judgment After Rolled Up Hearing
Outcome
Council's enforcement decisions quashed; matter remitted for reconsideration
Legal Topics
Enforcement of Planning Control, Green Belt Development, Race Equality Duty, Disability and Gender Equality Duties, Homelessness Obligations, Indirect Discrimination, Proportionality Under Article 8 ECHR
Administrative Law Planning Law Human Rights Law Equality Law Enforcement of Planning Control Green Belt Development Race Equality Duty Disability and Gender Equality Duties +3 more

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Parties

McCarthy; Culligan; Coyle; Taylor & Others

Claimants

Basildon District Council

Defendant

Equality & Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Substantive Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Council's decision to enforce removal of claimants from unauthorised sites was lawful and proportionate
  2. 2 Whether the Council complied with its duties under the Race Relations Act 1976, Disability Discrimination Act 1995, and Sex Discrimination Act 1975
  3. 3 Whether the Council's approach amounted to direct or indirect discrimination

Ratio Decidendi

The Council's decisions to enforce under s.178 Town and Country Planning Act 1990 were flawed because the approach to need was too restrictive, insufficient consideration was given to the homelessness duty and individual circumstances, and the possibility of allowing some families to remain temporarily was not adequately addressed. The Council did not adequately demonstrate due regard to all relevant equality and homelessness duties in its decision-making process.

Court Disposition

Council's enforcement decisions quashed; matter remitted for reconsideration

Orders

  • The decisions of 13 December 2007 are quashed
  • The Council must reconsider enforcement decisions taking into account the proper approach to need, homelessness duties, and individual circumstances, including the possibility of allowing some families to remain temporarily