LH & CM, R (on the application of) v Shropshire Council

LH & CM, R (on the application of) v Shropshire Council

The consultation process undertaken by Shropshire Council was lawful and appropriate given the subject matter and those affected. There was no legitimate expectation of individual consultation for each centre. The Public Sector Equality Duty was adequately discharged through the equality impact assessment and consideration of consultation feedback. The claimants failed to demonstrate procedural unfairness or breach of statutory duty.

Parties
Claimant: LH; Claimant: CM; Defendant: Shropshire Council
Jurisdiction
England and Wales
Judgment Date
27 November 2013
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Claim for judicial review dismissed. Permission to appeal refused. Detailed assessment of publicly funded costs ordered. Defendant's costs to be paid, not to be enforced without leave.
Legal Topics
Judicial Review, Consultation Requirements, Public Sector Equality Duty, Legitimate Expectation
Administrative Law Public Law Equality Law Judicial Review Consultation Requirements Public Sector Equality Duty Legitimate Expectation

Case Brief

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Parties

LH

Claimant

CM

Claimant

Shropshire Council

Defendant

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the consultation process preceding the closure of Hartley's Day Centre was lawful
  2. 2 Whether there was a legitimate expectation of individual consultation before closure
  3. 3 Whether the Public Sector Equality Duty under section 149 of the Equality Act 2010 was complied with

Ratio Decidendi

The consultation process undertaken by Shropshire Council was lawful and appropriate given the subject matter and those affected. There was no legitimate expectation of individual consultation for each centre. The Public Sector Equality Duty was adequately discharged through the equality impact assessment and consideration of consultation feedback. The claimants failed to demonstrate procedural unfairness or breach of statutory duty.

Court Disposition

Claim for judicial review dismissed. Permission to appeal refused. Detailed assessment of publicly funded costs ordered. Defendant's costs to be paid, not to be enforced without leave.

Orders

  • Claim for judicial review dismissed
  • Permission to appeal refused for both claimants