D, R (On the Application Of) v Worcestershire County Council

D, R (On the Application Of) v Worcestershire County Council

The consultation process was not materially defective; consultees were provided with sufficient information about the policy's consequences, and the Council's response to criticisms was adequate. The Council had due regard to its public sector equality duty, with a proper Equality Impact Assessment and sufficient information before the Cabinet. The claim fails on both grounds.

Parties
Claimant: THE QUEEN on the application of D; Defendant: WORCESTERSHIRE COUNTY COUNCIL
Jurisdiction
England and Wales
Judgment Date
09 August 2013
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Consultation Requirements, Public Sector Equality Duty, Adult Social Care Policy, Disability Rights, Local Authority Duties
Administrative Law Public Law Equality Law Social Welfare Law Consultation Requirements Public Sector Equality Duty Adult Social Care Policy Disability Rights +1 more

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Parties

THE QUEEN on the application of D

Claimant

WORCESTERSHIRE COUNTY COUNCIL

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council's consultation process for adopting the adult social care policy was materially defective and unlawful
  2. 2 Whether the Council failed to comply with its public sector equality duty under section 149 of the Equality Act 2010 in adopting the policy

Ratio Decidendi

The consultation process was not materially defective; consultees were provided with sufficient information about the policy's consequences, and the Council's response to criticisms was adequate. The Council had due regard to its public sector equality duty, with a proper Equality Impact Assessment and sufficient information before the Cabinet. The claim fails on both grounds.

Court Disposition

Claim dismissed