Blundel & Ors, R (On the Application Of) v Secretary of State for Work And Pensions

Blundel & Ors, R (On the Application Of) v Secretary of State for Work And Pensions

The Secretary of State's deductions policy for Universal Credit court fine deductions is unlawful because it fetters discretion by failing to allow for exceptions in individual cases of hardship. The existence of alternative remedies via the magistrates’ court does not cure this illegality. The policy is not...

Source-derived case information.

Parties
Claimant: Gavin Blundell; Claimant: Mark Brooks; Claimant: Denis Laird; Claimant: William Slater; Claimant: Christopher Day; Defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
17 March 2021
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; first ground (fettering of discretion) succeeds, other grounds fail.
Legal Topics
Fettering of Discretion, Universal Credit Deductions, Equality Act 2010, Judicial Review, Disability Discrimination, Public Sector Equality Duty
Administrative Law Social Security Law Equality and Discrimination Law Fettering of Discretion Universal Credit Deductions Equality Act 2010 Judicial Review Disability Discrimination +1 more

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Parties

Gavin Blundell

Claimant

Mark Brooks

Claimant

Denis Laird

Claimant

William Slater

Claimant

Christopher Day

Claimant

Secretary of State for Work and Pensions

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Secretary of State's deductions policy unlawfully fetters discretion under the relevant statutory scheme for Universal Credit deductions for court fines
  2. 2 Whether the deductions policy is irrational
  3. 3 Whether the deductions policy discriminates against disabled persons contrary to the Equality Act 2010

Ratio Decidendi

The Secretary of State's deductions policy for Universal Credit court fine deductions is unlawful because it fetters discretion by failing to allow for exceptions in individual cases of hardship. The existence of alternative remedies via the magistrates’ court does not cure this illegality. The policy is not irrational, nor is there sufficient evidence of disability discrimination or breach of the Public Sector Equality Duty that would warrant relief beyond a declaration.

Court Disposition

Claim allowed in part; first ground (fettering of discretion) succeeds, other grounds fail.

Orders

  • Declaration to be granted (form to be agreed) that the deductions policy is unlawful insofar as it fetters discretion by not allowing for exceptions in individual cases of hardship.
  • No quashing of the policy; other relief refused.