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

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

The statutory exclusions from security of tenure for gypsies on local authority sites are justified as a proportionate response to a legitimate social need for flexibility in site management, do not inevitably breach Article 8, and do not constitute unlawful discrimination under Article 14 as the distinction is based on the status of the site owner, not personal characteristics. Judicial review provides sufficient procedural safeguard.

Citation
[2002] EWHC 1014 (Admin)
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
Judicial Review / Administrative Law / High Court Judgment on Counterclaim for Declaration of Incompatibility
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

Judicial Review / Administrative Law / High Court Judgment on Counterclaim for Declaration of Incompatibility

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 incorporated by the Human Rights Act 1998
  2. 2 Whether the lack of security of tenure for gypsies on local authority sites constitutes unlawful discrimination under Article 14

Ratio Decidendi

The statutory exclusions from security of tenure for gypsies on local authority sites are justified as a proportionate response to a legitimate social need for flexibility in site management, do not inevitably breach Article 8, and do not constitute unlawful discrimination under Article 14 as the distinction is based on the status of the site owner, not personal characteristics. Judicial review provides sufficient procedural safeguard.

Court Disposition

Counterclaim dismissed

Orders

  • Order for costs not to be enforced except for section 11
  • Order for detailed assessment of claimant's costs under Community Legal Service certificate