JG & Anor v Lancashire County Council

JG & Anor v Lancashire County Council

The Council complied with its duties under Section 49A of the Disability Discrimination Act 1995. The Council was aware of the likely impact on disabled persons, undertook appropriate consultations and equality impact assessments, and considered mitigation measures before implementing the policies. The process was...

Source-derived case information.

Parties
Claimant: JG; Claimant: MB; Defendant: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
02 September 2011
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review, Equality Duty, Adult Social Care, Budgetary Decisions, Disability Discrimination
Administrative Law Disability Law Local Government Law Judicial Review Equality Duty Adult Social Care Budgetary Decisions Disability Discrimination

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Parties

JG

Claimant

MB

Claimant

Lancashire County Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Lancashire County Council complied with its duty under Section 49A of the Disability Discrimination Act 1995 in setting its budget and adopting policies affecting adult social care services.

Ratio Decidendi

The Council complied with its duties under Section 49A of the Disability Discrimination Act 1995. The Council was aware of the likely impact on disabled persons, undertook appropriate consultations and equality impact assessments, and considered mitigation measures before implementing the policies. The process was not a cosmetic exercise, and the Council kept an open mind as to the precise policies to be implemented. The duty under Section 49A DDA was satisfied.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed
  • Claimants’ costs of late evidence to be disallowed and Claimants to pay Council’s costs of responding to that evidence