Meany & Ors, R (on the application of) v Harlow District Council

Meany & Ors, R (on the application of) v Harlow District Council

The Council failed to have due regard to its statutory equality duties when making the decisions of 18 December 2008 and 12 February 2009 to reduce the welfare rights and advice services budget, particularly in relation to the scale of the reduction (up to 80%). The evidence did not show a conscious or specific consideration of the statutory criteria at the relevant decision points, as required by law. Generalised references to equality and social inclusion were insufficient to meet the statutory threshold of 'due regard'.

Parties
Claimants: Mr Sanders, Mrs Meany and Mrs Glynn; Defendant: Harlow District Council
Jurisdiction
England and Wales
Judgment Date
09 March 2009
Procedural Posture
Judicial Review / Substantive Hearing (rolled Up With Permission and Interim Relief)
Outcome
Claim allowed (in part); decisions quashed; permission granted; costs awarded two-thirds to claimants; permission to appeal refused.
Legal Topics
Public Sector Equality Duties, Judicial Review of Local Authority Decisions, Disability Discrimination Act 1995, Race Relations Act 1976, Sex Discrimination Act 1976, Statutory Interpretation, Procedural Fairness
Administrative Law Equality and Discrimination Law Local Government Law Public Sector Equality Duties Judicial Review of Local Authority Decisions Disability Discrimination Act 1995 Race Relations Act 1976 Sex Discrimination Act 1976 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr Sanders, Mrs Meany and Mrs Glynn

Claimants

Harlow District Council

Defendant

Procedural Posture

Judicial Review / Substantive Hearing (rolled Up With Permission and Interim Relief)

Legal Issues

  1. 1 Whether Harlow District Council had due regard to its statutory equality duties under the Disability Discrimination Act 1995, Race Relations Act 1976, and Sex Discrimination Act 1976 when deciding to reduce the welfare rights and advice services budget
  2. 2 Whether the Council failed to conduct a relevant equality impact assessment
  3. 3 Whether the Council failed to consider relevant material considerations in making its decisions

Ratio Decidendi

The Council failed to have due regard to its statutory equality duties when making the decisions of 18 December 2008 and 12 February 2009 to reduce the welfare rights and advice services budget, particularly in relation to the scale of the reduction (up to 80%). The evidence did not show a conscious or specific consideration of the statutory criteria at the relevant decision points, as required by law. Generalised references to equality and social inclusion were insufficient to meet the statutory threshold of 'due regard'.

Court Disposition

Claim allowed (in part); decisions quashed; permission granted; costs awarded two-thirds to claimants; permission to appeal refused.

Orders

  • The decisions of 18 December 2008 and 12 February 2009 reducing the budget for welfare rights and advice services are quashed.
  • The matter is to be reconsidered by Harlow District Council.