Public sector equality duty

October 24th, 2016

In R (Ghulam) v SSHD (2016) EWHC 2639 (Admin) Flaux J held at paras 329/330 that (1) what is required is a realistic and proportionate approach to evidence of compliance with the PSED, not micro-management or a detailed forensic analysis by the Court, (2) the PSED, despite its importance, is concerned with process, not outcome, and the Court should interfere only in circumstances where the approach adopted by the relevant public authority is unreasonable or perverse, and (3) it is not for the Court to substitute its decision as to the weight to be given to equality considerations and the statutory criteria if satisfied that the decision maker has complied with its duty.

Comments are closed.