SO, R (on the application of) v Thanet District Council

SO, R (on the application of) v Thanet District Council

A local authority cannot lawfully give a section 77(1) direction to persons residing on land with its consent unless and until that consent has been withdrawn and reasonable notice of withdrawal has been given to those affected. The statutory scheme requires the state of affairs described in section 77(1) to exist at the time the direction is given, not as a result of giving the direction. Failure to give reasonable notice before issuing the direction renders it unlawful.

Parties
Claimant: SO; Defendant: Thanet District Council; Interested Party: Kent County Council; Interested Party: The Crown Estate; Interested Party: The Justices at Maidstone Magistrates' Court
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / First Instance (court of Appeal, Following Grant of Permission)
Outcome
Claim allowed; section 77(1) direction quashed.
Legal Topics
Judicial Review, Statutory Interpretation, Consent and Withdrawal of Consent, Procedural Fairness, Criminal Justice and Public Order Act 1994 S.77
Administrative Law Criminal Law Local Government Law Judicial Review Statutory Interpretation Consent and Withdrawal of Consent Procedural Fairness Criminal Justice and Public Order Act 1994 S.77

Case Brief

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Parties

SO

Claimant

Thanet District Council

Defendant

Kent County Council

Interested Party

The Crown Estate

Interested Party

The Justices at Maidstone Magistrates' Court

Interested Party

Procedural Posture

Judicial Review / First Instance (court of Appeal, Following Grant of Permission)

Legal Issues

  1. 1 Whether a section 77(1) direction under the Criminal Justice and Public Order Act 1994 can lawfully be given to persons residing on land with the consent of the occupier without prior notice of withdrawal of consent.
  2. 2 Whether Thanet District Council was required to give reasonable notice of withdrawal of consent before issuing a section 77(1) direction.

Ratio Decidendi

A local authority cannot lawfully give a section 77(1) direction to persons residing on land with its consent unless and until that consent has been withdrawn and reasonable notice of withdrawal has been given to those affected. The statutory scheme requires the state of affairs described in section 77(1) to exist at the time the direction is given, not as a result of giving the direction. Failure to give reasonable notice before issuing the direction renders it unlawful.

Court Disposition

Claim allowed; section 77(1) direction quashed.

Orders

  • Judicial review granted.
  • Section 77(1) direction issued to SO and her family on 1 December 2021 quashed.