FDA, R (On the Application Of) v Minister for the Cabinet Office & Anor [2024] EWHC 1729 (Admin) (05 July 2024)

FDA, R (On the Application Of) v Minister for the Cabinet Office & Anor [2024] EWHC 1729 (Admin) (05 July 2024)

The Civil Service Code does not require or permit civil servants to refuse to implement a ministerial decision to proceed with removals to Rwanda contrary to a Rule 39 indication, even though such a decision would breach the UK's international obligations under Article 34 ECHR. The Code must be interpreted in light of the constitutional principles of dualism and Parliamentary sovereignty, and section 5 of the 2024 Act confirms that only Ministers decide on compliance with interim measures of the European Court of Human Rights. The Cabinet Office Guidance is lawful.

Citation
[2024] EWHC 1729 (Admin)
Parties
Claimant: FDA; Defendant: Minister for the Cabinet Office; Defendant: Minister for the Civil Service; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
05 July 2024
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Civil Service Code, International Law in Domestic Law, Ministerial Discretion, Rule 39 ECHR, Rwanda Removals Policy
Public Law Constitutional Law Employment Law Civil Service Code International Law in Domestic Law Ministerial Discretion Rule 39 ECHR Rwanda Removals Policy

Case Brief

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Parties

FDA

Claimant

Minister for the Cabinet Office

Defendant

Minister for the Civil Service

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Civil Service Code requires civil servants to refuse to implement ministerial decisions that breach unincorporated international law (specifically Article 34 ECHR and Rule 39 indications)
  2. 2 Whether the Cabinet Office Guidance on civil servants' obligations is lawful
  3. 3 The effect of the Safety of Rwanda (Immigration and Asylum) Act 2024, section 5, on civil servants' duties

Ratio Decidendi

The Civil Service Code does not require or permit civil servants to refuse to implement a ministerial decision to proceed with removals to Rwanda contrary to a Rule 39 indication, even though such a decision would breach the UK's international obligations under Article 34 ECHR. The Code must be interpreted in light of the constitutional principles of dualism and Parliamentary sovereignty, and section 5 of the 2024 Act confirms that only Ministers decide on compliance with interim measures of the European Court of Human Rights. The Cabinet Office Guidance is lawful.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is refused.
  • No order requiring amendment or withdrawal of the Cabinet Office Guidance.