PSED

June 28th, 2021

R ( SHEAKH ) v LAMBETH LBC (2021) EWHC 1745 (Admin) concerns an unsuccessful challenge to Orders under the Road Traffic Regulation Act 1984 ( the ROTRA ) restricting the movement of traffic within Low Traffic Neighbourhoods (LTNs). The challenges that failed included that the Orders were not experimental, Tameside, failure to have regard to matters set out in Section 122 of the ROTRA, inadequate consultation, and the PSED. AS regards the PSED, Kerr J said : the function being exercised was the function of initiating an experiment, not introducing the LTNs on a permanent basis : para 145; the duty is to have regard to the need to fulfil the ambitions set out in Section 149 of the Equality Act 2010 to eliminate unlawful discrimination, advance equality of opportunity and foster good relations between the relevant groups : para 146; if the equality objectives are properly considered and put in the balance, it is for the decision-maker to decide how much weight they should carry : para 147; the duty is not a duty to carry out an assessment, assessment is the tool used to create the evidence base to show performance of the duty, it is not the performance of the duty itself, there is no necessary breach of the duty where no formal assessment has been done : para 148; there is noting in section 149 which prevents, in an appropriate case, performance of the duty by means of a conscious decision to undertake equality assessment on a “rolling” basis : para 163; the more “evolutionary” the function being exercised, the more readily a rolling assessment may be justified : para 164; where the function being exercised is to initiate an experiment, as in the case of a decision to make an Experimental Traffic Order, it may or may not be sufficient, depending upon the facts, to conduct the equality impact assessment on a rolling basis : para 165.

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