Magness, R (On the Application Of) v Powys County Council

Magness, R (On the Application Of) v Powys County Council

It is not arguable that the Defendant failed to have due regard to public sector equality duties under section 149 Equality Act 2010, nor that the public consultation was unlawful; the decision-makers considered relevant impacts and the consultation was conducted properly.

Source-derived case information.

Parties
Claimant: Mae Magness (by her mother and litigation friend Ruth Magness); Defendant: Powys County Council
Jurisdiction
England and Wales
Judgment Date
18 July 2019
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Application dismissed
Legal Topics
Public Sector Equality Duty, Judicial Review, Public Consultation
Administrative Law Equality Law Public Sector Equality Duty Judicial Review Public Consultation

Source-derived case record

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 7 Party arguments 2
Sign in to unlock

Parties

Mae Magness (by her mother and litigation friend Ruth Magness)

Claimant

Powys County Council

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the Defendant failed to comply with duties under section 149 Equality Act 2010
  2. 2 Whether the public consultation preceding the decision was unlawful

Ratio Decidendi

It is not arguable that the Defendant failed to have due regard to public sector equality duties under section 149 Equality Act 2010, nor that the public consultation was unlawful; the decision-makers considered relevant impacts and the consultation was conducted properly.

Court Disposition

Application dismissed

Orders

  • Renewed application for permission to apply for judicial review is dismissed