National Secular Society & Anor, R (on the application of) v Bideford Town Council

National Secular Society & Anor, R (on the application of) v Bideford Town Council

Bideford Town Council has no statutory power under s111 of the Local Government Act 1972 to include prayers as part of the formal business of Council meetings. The practice is not calculated to facilitate, nor is it conducive or incidental to, the discharge of Council functions as required by s111. The absence of compulsion and the optional nature of attendance for prayers do not render the practice lawful. If the practice were lawful, it would not amount to unlawful indirect discrimination nor infringe the ECHR rights of non-religious councillors in the circumstances of this case.

Parties
1st Claimant: National Secular Society; 2nd Claimant: Mr Clive Bone; Defendant: Bideford Town Council
Jurisdiction
England and Wales
Judgment Date
10 February 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; declaration granted that the Council's practice is unlawful under s111 LGA 1972; other claims dismissed.
Legal Topics
Statutory Powers of Local Authorities, Freedom of Religion, Indirect Discrimination, Equality Act Interpretation, Article 9 and 14 ECHR
Administrative Law Local Government Law Human Rights Law Equality and Discrimination Law Statutory Powers of Local Authorities Freedom of Religion Indirect Discrimination Equality Act Interpretation +1 more

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Parties

National Secular Society

1st Claimant

Mr Clive Bone

2nd Claimant

Bideford Town Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Bideford Town Council has statutory power to include prayers as part of formal Council meetings under s111 Local Government Act 1972
  2. 2 Whether the practice constitutes unlawful indirect discrimination under the Equality Act 2006/2010
  3. 3 Whether the practice infringes Article 9 and 14 ECHR rights of non-religious councillors

Ratio Decidendi

Bideford Town Council has no statutory power under s111 of the Local Government Act 1972 to include prayers as part of the formal business of Council meetings. The practice is not calculated to facilitate, nor is it conducive or incidental to, the discharge of Council functions as required by s111. The absence of compulsion and the optional nature of attendance for prayers do not render the practice lawful. If the practice were lawful, it would not amount to unlawful indirect discrimination nor infringe the ECHR rights of non-religious councillors in the circumstances of this case.

Court Disposition

Claim allowed in part; declaration granted that the Council's practice is unlawful under s111 LGA 1972; other claims dismissed.

Orders

  • Declaration that Bideford Town Council has no power to include prayers as part of formal Council meetings under s111 Local Government Act 1972.
  • No finding of unlawful discrimination or breach of ECHR rights in the circumstances.