Britwell Parish Council, R (on the application of) v Slough Borough Council

Britwell Parish Council, R (on the application of) v Slough Borough Council

The defendant misinterpreted paragraph 120 of the Guidance by treating significant minority support for abolition as sufficient, rather than requiring clear and sustained majority local support. The decision to make the Order was materially influenced by this legal error and must be quashed.

Parties
Claimant: Britwell Parish Council; Claimant: Wexham Court Parish Council; Defendant: Slough Borough Council
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claims for judicial review succeed; Order quashed.
Legal Topics
Community Governance Review, Abolition of Parish Councils, Statutory Guidance Interpretation, Judicial Review Grounds
Administrative Law Local Government Law Community Governance Review Abolition of Parish Councils Statutory Guidance Interpretation Judicial Review Grounds

Case Brief

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Parties

Britwell Parish Council

Claimant

Wexham Court Parish Council

Claimant

Slough Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did the defendant properly interpret and have regard to statutory Guidance, particularly regarding 'clear and sustained local support' for abolition?
  2. 2 Did the defendant fail to consider the claimants' role as democratically elected representative bodies?
  3. 3 Was the decision to abolish the parish councils irrational?

Ratio Decidendi

The defendant misinterpreted paragraph 120 of the Guidance by treating significant minority support for abolition as sufficient, rather than requiring clear and sustained majority local support. The decision to make the Order was materially influenced by this legal error and must be quashed.

Court Disposition

Claims for judicial review succeed; Order quashed.

Orders

  • The Slough Borough Council (Reorganisation of Community Governance) Order 2019 is quashed.
  • Defendant may reconsider the matter in accordance with proper interpretation of Guidance.