In R (Drexler) v Leicestershire County Council (2020) EWCA 502 the Court of Appeal has unanimously dismissed am appeal against a Judgment of Swift J dismissing an ECHR challenge to a Council Cabinet decision to amend its SEN Home to School/College Transport Policy. Swift J did not (para75) err in applying the “manifestly without reasonable foundation” test or a conventional proportionality test. The issue was as to alleged unlawful age discrimination, contrary to Article 14 of the ECHR.
Public Health Emergency
April 7th, 2020 by James Goudie KC in Elections and BylawsFollowing on the Elections scheduled for 7 May this year being postponed by 12 months until 6 May next year, the Local Government (Postponement of Elections and Referendums) ( England and Wales) Regulations 2020, S.I. 2020/395, pursuant to Sections 61 and 63 of the Coronavirus Act 2020, contain detailed provisions that specified local elections and referendums that would otherwise be required before 5 May 2021 are postponed until 6 May 2021. The specified local elections are those to fill “casual vacancies” in local authority and other bodies, including “local by-elections” under Section 89 of the Local Government Act 1972. The specified referendums include those relating to governance changes and neighbourhood planning.
Judicial Review
April 7th, 2020 by James Goudie KC in Judicial Control, Liability and LitigationIn Packham v SOS for Transport (2020) EWHC 829 (Admin) a Divisional Court said that:
(1) When dealing matters depending essentially upon political judgment, matters of national economic policy and the like, the Court will interfere on grounds only of bad faith, improper notice or manifest absurdity : para 55; and
(2) Whether there is a failure to take into account a relevant consideration that the decision maker is obliged to take into account has nothing to do with the different question of whether a decision is vitiated by error of fact : the two should not be eluded or confused : para 51.
State Aid
April 6th, 2020 by James Goudie KC in Capital Finance and CompaniesThe House of Lords EU Internal Market Sub-Committee record that the Government lacks a clear understanding of what State Aid provisions it signed up to in the Protocol on Ireland/Northern Ireland, that the details of its subsidy control regime remain unknown, and that the role of the CMA in the future subsidy control framework remains uncertain.
Disabled Facilities
April 3rd, 2020 by James Goudie KC in HousingR (McKeown) v Islington LBC (2020) EWHC 779 (Admin) quashes a refusal by the Council of Disabled Facilities Grant under the Housing Grants etc Act 1996. An application by a council tenant must be treated on the same basis as an application by an owner occupier. It is irrelevant whether the accommodation is suitable for a disabled person.
Coronavirus Regulations
April 3rd, 2020 by James Goudie KC in Decision making and ContractsExplanatory Notes to S.I. 2020/392 state :
It will be possible to make secondary legislation to bring forward the end date of 7 May 2021 “ if social distancing rules are relaxed or removed on the basis of medical and scientific advice”: para 3.4.
The Government does not intend to issue Guidance : para 11.1
Remote Attendance, Meetings and Public Access
April 3rd, 2020 by James Goudie KC in Decision making and ContractsThe Local Authorities etc (Coronavirus) (Flexibility of Meetings) ( England and Wales) Regulations 2020, S.I. 2020/392 contain 4 Parts. Part 1, Regs 1-3, is General. It and Part 4, Police and Crime Panels, apply to England and Wales. Parts 2 and 3 apply to England only. Part 2 relates to Remote Attendance and consists of Regs 4&5. Part 3 relates to Modification of Meetings and Public Access Requirements. It consists of Regs 6-17. The Regs apply to Meetings that are required to be held, or held, before 7 May next year. Reg 3 relates to Interpretation, including “local authority” and “local authority meeting”.
Caravan Site
April 2nd, 2020 by James Goudie KC in Planning and EnvironmentalAmber Valley BC v Haytop Country Park Ltd (2020) UKUT 68 (LC) is concerned with a caravan site licence under the Caravan Sites and Control of Development Act 1960, as amended, and 2014 Regulations there under. There was a dispute, which is in the course of determination, as to whether the proposed use by Haytop would be a breach of planning consent. The UT rules that the FTT should not have required the grant of a licence by the Council to Haytop where what Haytop wanted to do might be outside the terms of the current planning permission.
Meetings
April 2nd, 2020 by James Goudie KC in Decision making and ContractsThe Local Authorities etc ( Flexibility of Meetings ) Regulations 2020, S.I. 2020/392, have been made on 1 April 2020, and come into force on 4 April 2020, enabling local authority meetings to be held remotely. They are not identical to the draft Regulations.