June 29th, 2016 by James Goudie KC in Human Rights and Public Sector Equality Duty

In R (Jewish Rights Watch) v Leicester City Council (2016) EWHC 1512 (Admin) a Divisional Court stated that, while it is clear that a public authority must comply with the PSED, this obligation is more easily applied to a formal and developed policy than it is to resolutions of a local council following debate. The PSED obligations apply primarily, if not exclusively, to those involved in the process of framing and implementing policy (the Executive, in constitutional terms) rather than those who debate broad issues which may result in policies subsequently drafted and framed in accordance with the law. The PSED did not apply to a non-binding resolution.  Nor, for similar reasons, was Section 17 of the Local Government Act 1988 engaged when the resolution was about public works contracts that were an executive responsibility.