Williams, R (On the Application Of) v Caerphilly County Borough Council [2020] EWCA Civ 296 (03 March 2020)

Williams, R (On the Application Of) v Caerphilly County Borough Council [2020] EWCA Civ 296 (03 March 2020)

The adoption of the Strategy was a high-level policy decision within the executive's powers, not a firm commitment to expenditure or closures, and did not trigger the duties under section 2 of the Local Government (Wales) Measure 2009. The cabinet was not required to have detailed costings at the adoption stage, and the decision was not irrational or unlawful.

Citation
[2020] EWCA Civ 296
Parties
Appellant: Shane Williams; Respondent: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
03 March 2020
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court (administrative Court in Wales)
Outcome
Appeal dismissed
Legal Topics
Local Authority Powers, Delegation of Functions, Judicial Review, Consultation Requirements, Public Sector Equality Duty
Administrative Law Local Government Law Public Law Local Authority Powers Delegation of Functions Judicial Review Consultation Requirements Public Sector Equality Duty

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Parties

Shane Williams

Appellant

Caerphilly County Borough Council

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court (administrative Court in Wales)

Legal Issues

  1. 1 Whether the adoption of the Strategy was a decision reserved to the full council or within the executive's powers
  2. 2 Whether the cabinet failed to have regard to the cost of implementing the Strategy
  3. 3 Whether the Strategy was an 'arrangement to secure continuous improvement' under section 2 of the Local Government (Wales) Measure 2009, triggering consultation and efficiency duties

Ratio Decidendi

The adoption of the Strategy was a high-level policy decision within the executive's powers, not a firm commitment to expenditure or closures, and did not trigger the duties under section 2 of the Local Government (Wales) Measure 2009. The cabinet was not required to have detailed costings at the adoption stage, and the decision was not irrational or unlawful.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the decision of the High Court is upheld regarding the lawfulness of the Strategy adoption.