JG & Anor v Lancashire County Council [2011] EWHC 2295 (Admin) (02 September 2011)

JG & Anor v Lancashire County Council [2011] EWHC 2295 (Admin) (02 September 2011)

Lancashire County Council complied with its duties under Section 49A of the Disability Discrimination Act 1995 by conducting detailed consultations and equality impact assessments before implementing the challenged adult social care policies. The Council's approach of making a preliminary budget decision, followed by full assessment and mitigation of impact on disabled persons before final policy implementation, was lawful and consistent with the statutory duty.

Citation
[2011] EWHC 2295 (Admin)
Parties
Claimant: JG; Claimant: MB; Defendant: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
02 September 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed.
Legal Topics
Disability Discrimination, Public Sector Equality Duty, Adult Social Care, Budgetary Decisions, Consultation Duties
Administrative Law Equality Law Local Government Law Disability Discrimination Public Sector Equality Duty Adult Social Care Budgetary Decisions Consultation Duties

Case Brief

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Parties

JG

Claimant

MB

Claimant

Lancashire County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Lancashire County Council failed to comply with its duty under Section 49A of the Disability Discrimination Act 1995 when approving its budget and adult social care policies.
  2. 2 Whether the Council's equality impact assessments and consultations were sufficient to demonstrate due regard to the needs of disabled persons.

Ratio Decidendi

Lancashire County Council complied with its duties under Section 49A of the Disability Discrimination Act 1995 by conducting detailed consultations and equality impact assessments before implementing the challenged adult social care policies. The Council's approach of making a preliminary budget decision, followed by full assessment and mitigation of impact on disabled persons before final policy implementation, was lawful and consistent with the statutory duty.

Court Disposition

Application for judicial review dismissed.

Orders

  • Claimants' application for judicial review is dismissed.
  • Claimants may be disallowed costs for late evidence and may be ordered to pay the Council's costs of responding to that evidence.