Humphries, R (On the Application Of) v The Welsh Ministers [2025] EWHC 2196 (Admin) (22 August 2025)

Humphries, R (On the Application Of) v The Welsh Ministers [2025] EWHC 2196 (Admin) (22 August 2025)

The Welsh Government's decision of 28 November 2024 was unlawful because it improperly elevated policy guidance to rigid criteria, failed to exercise discretion on a case-by-case basis, did not adequately consider the evidence or make reasonable enquiries, and resulted in unfavourable treatment of the claimant arising from his disability without justification. The decision also breached the Public Sector Equality Duty in the specific ways identified. The informal appeal process was not an adequate alternative remedy in the circumstances.

Citation
[2025] EWHC 2196 (Admin)
Parties
Claimant: James Humphries (by his Litigation Friend Lindsey Humphries); Defendant: The Welsh Ministers; Interested Party: Cardiff City Council; Interested Party: Coleg Elidyr
Jurisdiction
England and Wales
Judgment Date
22 August 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed
Legal Topics
Disability Discrimination, Public Sector Equality Duty, Further Education Funding, Judicial Review, Reasonable Adjustments, Policy Discretion, Alternative Remedy
Administrative Law Education Law Equality and Discrimination Law Human Rights Law Disability Discrimination Public Sector Equality Duty Further Education Funding Judicial Review +3 more

Case Brief

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Parties

James Humphries (by his Litigation Friend Lindsey Humphries)

Claimant

The Welsh Ministers

Defendant

Cardiff City Council

Interested Party

Coleg Elidyr

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Welsh Government unlawfully discriminated against the claimant in refusing to update a section 140 assessment and/or fund further specialist education
  2. 2 Whether the Welsh Government breached the Public Sector Equality Duty (PSED) in its decision-making
  3. 3 Whether the Welsh Government unlawfully fettered its discretion by rigidly applying policy criteria

Ratio Decidendi

The Welsh Government's decision of 28 November 2024 was unlawful because it improperly elevated policy guidance to rigid criteria, failed to exercise discretion on a case-by-case basis, did not adequately consider the evidence or make reasonable enquiries, and resulted in unfavourable treatment of the claimant arising from his disability without justification. The decision also breached the Public Sector Equality Duty in the specific ways identified. The informal appeal process was not an adequate alternative remedy in the circumstances.

Court Disposition

Claim allowed

Orders

  • Decision of the Welsh Government dated 28 November 2024 quashed
  • Parties to attempt to agree appropriate relief and file draft order within 21 days