PETITION OF AB FOR JUDICIAL REVIEW [2022] ScotCS CSOH_68 (20 September 2022)

PETITION OF AB FOR JUDICIAL REVIEW [2022] ScotCS CSOH_68 (20 September 2022)

The council's decision to decommission the Teviot Day Service was unlawful due to failure to have due regard to the public sector equality duty under section 149 of the Equality Act 2010 and failure to consult service users, frustrating their legitimate expectation of consultation.

Source-derived case information.

Citation
[2022] ScotCS CSOH_68
Parties
Petitioner: AB; Respondent: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
20 September 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
decision reduced and declarator granted
Legal Topics
Public Sector Equality Duty, Consultation, Legitimate Expectation, Judicial Review, Decommissioning of Public Services
Public Law Equality Law Administrative Law Public Sector Equality Duty Consultation Legitimate Expectation Judicial Review Decommissioning of Public Services

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Summary, issues, holding and outcome

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Parties

AB

Petitioner

Scottish Borders Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the council fulfilled its public sector equality duty under section 149 of the Equality Act 2010 before deciding to decommission the Teviot Day Service
  2. 2 Whether the council conducted adequate consultation with service users, giving rise to a legitimate expectation
  3. 3 Whether the decision to close the service was unlawful due to failure to carry out a proper equality impact assessment

Ratio Decidendi

The council's decision to decommission the Teviot Day Service was unlawful due to failure to have due regard to the public sector equality duty under section 149 of the Equality Act 2010 and failure to consult service users, frustrating their legitimate expectation of consultation.

Court Disposition

decision reduced and declarator granted

Orders

  • The decision of 4 June 2019 relating to the Teviot Day Service is reduced.
  • Declarator granted that the decision was unlawful for failure to perform statutory duty under section 149 of the Equality Act 2010 and for frustrating legitimate expectation of consultation.