A committee of the Borough resolved to ban Mr Assegai, who had been involved in a fracas and had made offensive remarks to two Councillors, from visiting any of the Borough’s properties. The resolution also purported to remove him from his appointment as a Community Governor of a school. Mr Assegai sought to have the ban quashed.
Held: He succeeded. He was banned from visiting all Council properties, irrespective of circumstances. This was wholly out of proportion to his offences. Such a lack of proportion was itself held to be indicative of unreasonableness in a ‘Wednesbury’ sense.
Judges:
Woolf LJ
Citations:
(1987) 151 LGR 891
Jurisdiction:
England and Wales
Cited by:
Cited – Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions Admn 30-Oct-2003
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it . .
Cited – Wandsworth London Borough Council v A CA 20-Jan-2000
A was a parent of a child. The school complained of A’s behaviour when visiting the school, and was refused a licence to enter the premises without being accompanied. The behaviour continued, and an injunction was obtained.
Held: The order was . .
Cited – Montgomery, Regina (on the Application of) v Hertfordshire County Council Admn 2-Sep-2005
The applicant, a former senior employee sought review of an order banning her from all the respondent’s premises. She had left the employment after a settlement, but the order would make it impossible to continue the work she had later taken up.
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 16 May 2022; Ref: scu.187289