Somerset County Council v Isaacs [2002] EWHC 1088; [2002] EWHC/Admin. 1014 (Admin) (24th May, 2002)

Somerset County Council v Isaacs [2002] EWHC 1088; [2002] EWHC/Admin. 1014 (Admin) (24th May, 2002)

The statutory exclusions from security of tenure for gypsies on local authority sites are justified as necessary and proportionate to a legitimate social need, do not inevitably lead to a breach of Article 8, and do not amount to unlawful discrimination under Article 14. Judicial review and public law duties provide sufficient safeguards. The counterclaim for a declaration of incompatibility is dismissed.

Citation
[2002] EWHC 1088
Parties
Claimant: Somerset County Council; Defendant: Frederick Isaacs; Defendant to Counterclaim: Secretary of State for Transport, Local Government and the Regions
Jurisdiction
England and Wales
Procedural Posture
Administrative Claim and Counterclaim for Declaration of Incompatibility / High Court Judgment on Counterclaim
Outcome
Counterclaim dismissed
Legal Topics
Security of Tenure, Eviction, Compatibility With European Convention on Human Rights, Discrimination, Judicial Review, Caravan Sites Act 1968, Mobile Homes Act 1983
Human Rights Law Housing Law Administrative Law Security of Tenure Eviction Compatibility With European Convention on Human Rights Discrimination Judicial Review +2 more

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Parties

Somerset County Council

Claimant

Frederick Isaacs

Defendant

Secretary of State for Transport, Local Government and the Regions

Defendant to Counterclaim

Procedural Posture

Administrative Claim and Counterclaim for Declaration of Incompatibility / High Court Judgment on Counterclaim

Legal Issues

  1. 1 Whether section 4(6) of the Caravan Sites Act 1968 and section 5 of the Mobile Homes Act 1983 are incompatible with Articles 8 and 14 of the European Convention on Human Rights as given effect by the Human Rights Act 1998
  2. 2 Whether the statutory framework unlawfully discriminates against gypsies occupying local authority caravan sites

Ratio Decidendi

The statutory exclusions from security of tenure for gypsies on local authority sites are justified as necessary and proportionate to a legitimate social need, do not inevitably lead to a breach of Article 8, and do not amount to unlawful discrimination under Article 14. Judicial review and public law duties provide sufficient safeguards. The counterclaim for a declaration of incompatibility is dismissed.

Court Disposition

Counterclaim dismissed

Orders

  • No declaration of incompatibility is made.