FDA, R (on the application of) v Minister for the Cabinet Office & Anor

FDA, R (on the application of) v Minister for the Cabinet Office & Anor

The Civil Service Code's reference to 'the law' includes both domestic and international law in general. However, where Parliament has expressly provided (as in section 5(2) of the 2024 Act) that a Minister may lawfully decide not to comply with a Rule 39 indication, civil servants are not required or permitted by the Code to refuse to implement that decision, even if it would breach international law. The Guidance correctly states the effect of the Code in this scenario.

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
07 May 2024
Procedural Posture
Judicial Review / Substantive Judgment After Rolled Up Hearing
Outcome
Claim dismissed after substantive hearing; permission to apply for judicial review granted but claim fails on the merits.
Legal Topics
Civil Service Code, International Law and Domestic Law, Ministerial Discretion, Statutory Interpretation, Judicial Review
Public Law Constitutional Law Employment Law Civil Service Code International Law and Domestic Law Ministerial Discretion Statutory Interpretation Judicial Review

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 14 Party arguments 2
Sign in to unlock

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 / Substantive Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Civil Service Code requires civil servants to refuse to implement a Ministerial decision that would breach unincorporated international law (specifically, a Rule 39 indication from the European Court of Human Rights)
  2. 2 Whether the Cabinet Office Guidance on implementation of Ministerial decisions in the Rwanda removal context is lawful
  3. 3 The effect of section 5 of the Safety of Rwanda (Immigration and Asylum) Act 2024 on the duties of civil servants

Ratio Decidendi

The Civil Service Code's reference to 'the law' includes both domestic and international law in general. However, where Parliament has expressly provided (as in section 5(2) of the 2024 Act) that a Minister may lawfully decide not to comply with a Rule 39 indication, civil servants are not required or permitted by the Code to refuse to implement that decision, even if it would breach international law. The Guidance correctly states the effect of the Code in this scenario.

Court Disposition

Claim dismissed after substantive hearing; permission to apply for judicial review granted but claim fails on the merits.

Orders

  • Permission to apply for judicial review granted.
  • Claim for judicial review dismissed.