Results: 67

• R (Tarian Hafren Severn Shield CYF) v Marine Management Organisation

  24 Mar 2022 [2022] EWHC 683 (Admin); [2022] PTSR 1261; [2022] WLR(D) 141, QBD (Holgate J)

  Subsequent citations: 2.
  PLANNING — Development — Marine licence
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  PLANNING — Development — Marine licence — Licensing authority issuing marine licence permitting licensable activity including dredging with conditions governing disposal of dredged material — Licence varied to authorise disposal of dredged material at different location — Whether variation lawful — Whether new licence required — Marine and Coastal Access Act 2009 (c 23), ss 71, 72

  4 Case(s) considered

  1 Statute considered
• MOC v Secretary of State for Work and Pensions

  21 Apr 2020 [2020] UKUT 134 (AAC); [2020] PTSR 1337; [2020] WLR(D) 295, UT (Upper Tribunal Judge Ward)

  11 Jan 2022 [2022] EWCA Civ 1; [2022] PTSR 576; [2022] WLR(D) 16, CA (Peter Jackson, Singh, Andrews LJJ)

  Subsequent considerations : 1 positive; most recently considered: 2022. Subsequent citations: 3.
  SOCIAL SECURITY — Disability living allowance — Suspension
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  SOCIAL SECURITY — Disability living allowance — Suspension — Vulnerable adult with severe disabilities admitted to hospital — Regulations requiring suspension of allowance after 28 days as inpatient in hospital — Whether unlawful discrimination in breach of Convention right on ground of “status” — Whether relevant status including severely disabled adult lacking capacity — Appropriate comparators — Whether hospitalisation rule manifestly without reasonable foundation — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Social Security (Disability Living Allowance) Regulations 1991 (SI 1991/2890) (as amended by Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 (SI 1992/2869), reg 4(2), Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996 (SI 1996/1436), reg 2(2), Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations 2013 (SI 2013/389), reg 4(6)(10) and Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (SI 2016/556), reg 2), regs 8(1)(a), 12A(1)(a)

  SOCIAL SECURITY — Disability living allowance — Suspension — Vulnerable adult with severe disabilities admitted to hospital — Regulations requiring suspension of allowance after 28 days as in-patient in hospital — Whether unlawful discrimination in breach of Convention right on ground of “status” — Whether relevant status including severely disabled adult lacking capacity — Whether hospitalisation rule indirectly discriminatory — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Social Security (Disability Living Allowance) Regulations 1991 (SI 1991/2890), regs 8(1)(a), 12A(1)(a)

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R (Cornerstone (North East) Adoption and Fostering Services Ltd) v Office for Standards in Education, Children’s Services and Skills

  07 Jul 2020 [2020] EWHC 1679 (Admin); [2021] PTSR 14; [2020] WLR(D) 396, QBD (Julian Knowles J)

  24 Sep 2021 [2021] EWCA Civ 1390; [2022] PTSR 595; [2022] 2 All ER 516; [2022] 2 FLR 54, CA (Peter Jackson, Asplin, Nicola Davies LJJ)

  DISCRIMINATION — Sexual orientation — Less favourable treatment

  HUMAN RIGHTS — Religion or belief — Interference with

  HUMAN RIGHTS — Discrimination — Religion or belief
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  DISCRIMINATION — Sexual orientation — Less favourable treatment — Claimant charity offering fostering and adoption services to children in local authority care according to perceived Christian principles — Claimant in practice only recruiting heterosexual evangelical Christian carers — Whether unlawful discrimination against other potential carers on grounds of sexual orientation — Whether claimant providing “service to the public” or exercising “public function” — Whether charity exception applying — Care Standards Act 2000 (c 14), s 4(4)(a) — Equality Act 2010 (c 15), ss 12, 13, 19, 29(1)(6), 193, Sch 23, para 2 — Fostering Services (England) Regulations 2011 (SI 2011/581)

  HUMAN RIGHTS — Religion or belief — Interference with — Claimant charity offering fostering and adoption services to children in local authority care according to perceived Christian principles — Ofsted report requiring claimant not to discriminate against homosexual prospective carers — Whether breaching claimant’s Convention rights to manifest religious beliefs, freedom of expression or freedom of association — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 9, 10, 11, 14

  HUMAN RIGHTS — Discrimination — Religion or belief — Claimant charity offering fostering and adoption services to children in local authority care according to perceived Christian principles— Claimant requiring prospective carers to refrain from homosexual behaviour— Whether unlawful discrimination of potential carers in breach of Convention rights— Whether claimant “public authority” carrying out public acts— Whether Ofsted report requiring claimant not to discriminate against homosexual prospective carers breaching its Convention rights to manifest religion or freedom of association— Human Rights Act 1998 (c 42), s 6(1), Sch 1, Pt I, arts 8, 9, 11, 14

  DISCRIMINATION — Sexual orientation — Less favourable treatment — Charitable independent fostering agency offering fostering and adoption services to children in local authority care according to perceived Christian principles — Agency in practice only recruiting heterosexual evangelical Christian carers — Defendant regulator finding recruitment policy discriminating on grounds of sexual orientation and requiring agency to alter policy — Agency seeking judicial review of regulator’s actions — Whether regulator having jurisdiction to have regard to equality legislation when conducting regulatory function — Whether conclusion of Charity Commission that agency acting lawfully precluding contrary finding by regulator — Whether policy amounting to unlawful discrimination on grounds of sexual orientation — Whether requirement to change policy interfering with agency’s rights under Human Rights Convention — Whether discrimination justified — Human Rights Act 1998 (c 42), Sch 1, Pt 1, arts 8, 9, 10, 11, 14 — Care Standards Act 2000 (c 14), ss 13, 14 — Equality Act 2010 (c 15), ss 13, 193, Sch 23, para 2

  17 Case(s) considered

  3 Statutes considered

  1 Statutory Instrument considered

• R (Rotala plc) v Greater Manchester Combined Authority

  09 Mar 2022 [2022] EWHC 506 (Admin), QBD (Knowles J)

  25 Jul 2022 [2022] EWCA Civ 1048; [2022] PTSR 1622; [2022] RTR 31; [2022] WLR(D) 333, CA (Andrews, William Davis, Snowden LJJ)

  LOCAL GOVERNMENT — Bus services — Franchising scheme

  LOCAL GOVERNMENT — Powers — Transport
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  LOCAL GOVERNMENT — Bus services — Franchising scheme

  LOCAL GOVERNMENT — Powers — Transport — Local authority introducing bus service franchising scheme — Authority concluding statutory audit and consultation process before Covid-19 pandemic — Authority later obtaining further report assessing impacts of pandemic and holding second consultation exercise — Whether statute requiring authority to obtain second audit of report assessing impact of Covid-19 — Whether decision to proceed with scheme without second audit of report irrational — Transport Act 2000 (c 38), ss 123B, 123D

  2 Case(s) considered

  1 Statute considered

• Warwick District Council v Secretary of State for Levelling Up, Housing and Communities

  12 Aug 2022 [2022] EWHC 2145 (Admin); [2022] PTSR 1518; [2022] WLR(D) 360, QBD (Eyre J)

  PLANNING — Development — Planning permission
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  PLANNING — Development — Planning permission — Extension to existing building — Home owners seeking planning permission for demolition of outbuilding and replacement by garden room/home office — Planning inspector granting permission on basis that proposed structure amounting to extension to building and thus falling within exception to principle that construction of new buildings in Green Belt inappropriate — Whether inspector erring in law — Whether exception applying only where proposed structure physically attached to building being extended — National Planning Policy Framework (2019), para 149(c)

  1 Statutory Instrument considered

• R (A) v Secretary of State for the Home Department

  18 Feb 2022 [2022] EWHC 360 (Admin); [2022] PTSR 1535; [2022] WLR(D) 94, QBD (Fordham J)

  PARLIAMENT — Privilege — Proceedings in Parliament
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  PARLIAMENT — Privilege — Proceedings in Parliament — Claimant seeking to challenge lawfulness of consultation process designed to inform proposed legislative change to be implemented by primary legislation — Whether claim justiciable — Whether offending against principle of non-interference with proceedings and decisions of legislature — Whether public sector equality duty applicable to decisions given effect by primary legislation — Equality Act 2010 (c 15), ss 19, 29(6), 149(1), Sch 3, para 2(1)(b)

  4 Case(s) considered

  1 Statute considered

• R (WWF-UK) v Secretary of State for Environment, Food and Rural Affairs

  07 Jul 2021 [2021] EWHC 1870 (Admin); [2022] PTSR 1006; [2022] WLR(D) 126, QBD (Lang J)

  Subsequent citations: 1.
  JUDICIAL REVIEW — Consent order — Enforcement
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  JUDICIAL REVIEW — Consent order — Enforcement — Judicial review claim against public bodies settled by consent order in Tomlin form — Claimants subsequently seeking declaration that public bodies in breach of obligations created in schedule to consent order — Whether public body able to assume new legal obligations through settlement of judicial review claim — Whether public body entitled to rely on lack of resources as relevant to performance of agreed obligation to take action “as soon as reasonably practicable” — Whether public bodies in breach of consent order — CPR r 40.6(3)(b)(ii)

  3 Case(s) considered

  1 Statutory Instrument considered

• R (Sheakh) v Lambeth London Borough Council (Sheakh v Lambeth London Borough Council)

  28 Jun 2021 [2021] EWHC 1745 (Admin), QBD (Kerr J)

  05 Apr 2022 [2022] EWCA Civ 457; [2022] PTSR 1315; [2022] WLR(D) 170, CA (Sir Keith Lindblom SPT, Males, Elisabeth Laing LJJ)

  Subsequent citations: 6.
  HIGHWAY — Road traffic — Traffic regulation order
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  HIGHWAY — Road traffic — Traffic regulation order — Local authority making experimental traffic orders — Decision to be reviewed on rolling basis — Local authority unaware of subsequent equality impact report at time of impugned decision — Whether authority having “due regard” to public sector equality duty — Whether authority able to discharge duty by process of rolling assessment — Whether decision-maker unlawfully delegating decision in taking advice from fellow officers — Equality Act 2010 (c 15), s 149

  4 Case(s) considered

  1 Statute considered

• R (AR) v Waltham Forest London Borough Council

  16 Mar 2020 [2020] EWHC 622 (Admin); [2020] PTSR 1023; [2020] WLR(D) 166, DC (Davis LJ, Andrews J)

  30 Jul 2021 [2021] EWCA Civ 1185; [2021] PTSR 1777; [2021] WLR(D) 458, CA (King, Singh LJJ, Sir Patrick Elias)

  30 Jun 2022 (appn dis) [2022] PTSR 1451, SC(E) (Lord Briggs, Lord Leggatt, Lord Stephens JJSC)

  CHILDREN — Young offender — Secure accommodation
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  CHILDREN — Young offender — Secure accommodation — 16-year-old claimant arrested and charged with offences — Police requesting local authority to provide secure accommodation for claimant overnight before court appearance next morning — Authority unable to provide secure accommodation as nearest provider many miles away — Whether systemic failure breaching statutory duties — Police and Criminal Evidence Act 1984 (c 60), s 38(6) (as amended by Criminal Justice Act 1991 (c 53), s 59 and Criminal Justice and Public Order Act 1994 (c 33), s 24) — Children Act 1989 (c 41) (as amended by Children and Young Persons Act 2008 (c 23), s 9), ss 21(2)(b), 22G

  CHILDREN — Young offender — Secure accommodation — 16-year-old claimant arrested and charged with offences — Police requesting local authority to provide secure accommodation for claimant overnight before court appearance next morning — Authority unable to provide secure accommodation as nearest provider many miles away — Whether local authority having reasonable system in place to respond to police request — Whether systemic failure breaching statutory duties — Police and Criminal Evidence Act 1984 (c 60), s 38(6) — Children Act 1989 (c 41), s 21(2)(b)

  3 Case(s) considered

  2 Statutes considered

• R (L) v Devon County Council

  08 Mar 2022 [2022] EWHC 493 (Admin); [2022] PTSR 1071; [2022] WLR(D) 111, QBD (Foster J)

  EDUCATION — Local Authority — Duty to make special educational provision
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  EDUCATION — Local Authority — Duty to make special educational provision — Local authority carrying out annual reviews of claimants’ education, health and care plans — Whether unlawful delay in finalising amended plans — Whether statutory scheme imposing time limit for authority to issue final amended plans — Whether authority required to include substance of proposed amendments in notification of intention to amend — Children and Families Act 2014 (c 6) — Special Educational Needs and Disability Regulations 2014 (SI 2014/1530), regs 20(10), 22(2)(3)

  1 Statute considered

  1 Statutory Instrument considered