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England and Wales decisions
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Conviction for sending anti-abortion letters with graphic images was quashed on appeal because the court found the prosecution unjustified under Article 10.
ELY & Anor, R (on the application of) v Secretary of State for Housing, Communities and Local Government [2026] EWHC 927 (Admin) (24 April 2026)
Permission was refused in a planning and judicial review challenge over a school enforcement notice, with the court upholding the Inspector’s balancing of ECHR rights and noise evidence.
The Court of Appeal refused to reopen a permission decision in an employment discrimination case, holding there was no inconsistency with Higgs and no CPR 52.30 basis.
The dismissal of the claimant for her social media posts was not objectively justified. While the language of the posts was intemperate and potentially offensive, it was not grossly so, and there was no evidence of actual reputational harm or risk of discriminatory conduct at work. Dismissal was a disproportionate response and constituted unlawful direct discrimination on the ground of religion or belief under the Equality Act 2010. The employer’s justification based on reputational harm failed the proportionality test required by Article 9(2) and Article 10(2) ECHR.
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The Supreme Court held that non-pluralistic religious education and collective worship in a Northern Ireland primary school breached Article 2 of Protocol 1 read with Article 9 ECHR.
Smith & Anor v Manchester City Council [2025] EWHC 2987 (KB) (18 November 2025)
Appeal dismissed in a fostering case involving evangelical Christian claimants. The High Court upheld the council’s refusal to progress their application.
Judicial review challenge to a teacher misconduct finding and publication order failed; the court held the panel acted lawfully and proportionately under the ECHR.
The court found compelling evidence that M, a British citizen habitually resident in Somalia, faced grave and potentially fatal risks due to his apostacy, including threats from family and community, and risk of abusive detention. Somalia lacked effective child protection mechanisms. The court exercised its protective jurisdiction based on nationality, continued and varied the return order to direct it at the parents, and exceptionally withheld service of the order until after M's return, prioritizing M's welfare and Art 2/3 rights over enforceability and parental notice.
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The judge was entitled to find that the police officer had objectively reasonable grounds for suspecting the appellant had committed a racially aggravated section 5 POA offence, that the arrest and detention were necessary and proportionate under section 24 PACE, and that the appellant's ECHR rights were properly considered but did not protect abusive conduct likely to cause alarm or distress. Article 9 was not engaged as the appellant's actions were not intimately linked to his religious beliefs. The appeal was dismissed as the arrest and detention were lawful.
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Higgs v Farmor's School [2025] EWCA Civ 109 (12 February 2025)
The Court of Appeal held that Ms Higgs’s dismissal was unlawfully discriminatory because it was disproportionate, and the appeal from the EAT was allowed.
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