Policy Challenges

August 2nd, 2021 by James Goudie KC

In R (A) v SSHD (2021) UKSC 13 the Supreme Court sets out the test for assessing the lawfulness of a policy. That is whether the policy authorises or approves unlawful conduct by those to whom it is directed. There is no requirement for a policy to constitute a comprehensive statement of the law. It may be sufficient to identify broad categories of cases. It is not necessary to Eli I ate every potential legal certainty arising from the detailed application of the guidance. What matters is that the content is not misleading.

The Supreme Court also states that there is no free-standing ground of challenge of unacceptable risk of illegality.

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