Buckley & Ors, R (on the application of) v Sheffield City Council

Buckley & Ors, R (on the application of) v Sheffield City Council

The consultation process was lawful as it complied with statutory requirements and was not unfair for failing to present rejected options or the transitional grant. The Council had due regard to the impact on persons with protected characteristics, as shown by the Equality Impact Assessment, consultation materials, and the creation of a hardship fund. The claim fails on both grounds.

Parties
Claimant: Kelley Laura Buckley; Claimant: Iyabo Congreaves; Claimant: Anne Mills; Claimant: Alicia Mills; Defendant: Sheffield City Council
Jurisdiction
England and Wales
Judgment Date
13 March 2013
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed after permission granted for judicial review
Legal Topics
Council Tax Reduction Schemes, Consultation Requirements, Public Sector Equality Duty, Judicial Review Procedure
Administrative Law Local Government Law Equality Law Council Tax Reduction Schemes Consultation Requirements Public Sector Equality Duty Judicial Review Procedure

Case Brief

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Parties

Kelley Laura Buckley

Claimant

Iyabo Congreaves

Claimant

Anne Mills

Claimant

Alicia Mills

Claimant

Sheffield City Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Defendant's consultation on its Council Tax Reduction Scheme was unlawful for lack of sufficient information to consultees
  2. 2 Whether the Defendant failed to have due regard to the impact of the proposals on persons with protected characteristics under section 149 of the Equality Act 2010

Ratio Decidendi

The consultation process was lawful as it complied with statutory requirements and was not unfair for failing to present rejected options or the transitional grant. The Council had due regard to the impact on persons with protected characteristics, as shown by the Equality Impact Assessment, consultation materials, and the creation of a hardship fund. The claim fails on both grounds.

Court Disposition

Claim dismissed after permission granted for judicial review

Orders

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