Williams, R (on the application of) v Caerphilly County Borough Council

Williams, R (on the application of) v Caerphilly County Borough Council

The Strategy Decision was within Cabinet authority and not unlawful for lack of cost information or breach of the 2009 Measure. The Closure Decision was unlawful due to failure to comply with the public sector equality duty under section 149(1) of the Equality Act 2010; there was insufficient evidence of proper and conscious consideration of equality impacts on elderly and disabled persons.

Parties
Claimant: Shane Williams; Defendant: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
24 June 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed in part.
Legal Topics
Public Sector Equality Duty, Local Authority Decision Making, Consultation Obligations, Statutory Interpretation
Administrative Law Local Government Law Equality Law Public Sector Equality Duty Local Authority Decision Making Consultation Obligations Statutory Interpretation

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Parties

Shane Williams

Claimant

Caerphilly County Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Strategy Decision was within the authority of the Cabinet under the 2007 Regulations
  2. 2 Whether the Strategy Decision was unlawful due to lack of cost information
  3. 3 Whether the Strategy Decision failed to comply with the Local Government (Wales) Measure 2009

Ratio Decidendi

The Strategy Decision was within Cabinet authority and not unlawful for lack of cost information or breach of the 2009 Measure. The Closure Decision was unlawful due to failure to comply with the public sector equality duty under section 149(1) of the Equality Act 2010; there was insufficient evidence of proper and conscious consideration of equality impacts on elderly and disabled persons.

Court Disposition

Application for judicial review allowed in part.

Orders

  • Challenge to the Strategy Decision dismissed.
  • Challenge to the Closure Decision allowed on public sector equality duty grounds.