The authority complained that the respondent intended to adopt the assessment of its performance the judgment of a third party.
Held: There had been no unlawful delegation of the Audit Commissions duties. The Commission for Social Care Inspectorate was a statutory body with duties to assess the performance of social services provision.
Judges:
Lord Phillips of Worth Matravers MR, Latham LJ, Keene LJ
Citations:
[2005] EWCA Civ 556, Times 26-May-2005
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Ealing London Borough Council v The Audit Commission for Local Authorities and Another Admn 17-Feb-2005
The authority complained at the intended use by the respondent of a performance assessment issued by a third party. The Audit Commision appealed.
Held: The use of the third party assessment was proper where that body had the appropriate skills . .
Cited – Lavender v Minister of Housing and Local Government 1970
While it is not for the courts to interfere with the formulation or administration of the Minister’s planning policies, the Minister is not able to dictate the exercise of discretion on the basis of a policy mandate. . .
Cited – Regina v Secretary of State for the Environment ex parte North Tyneside Borough Council 1990
The Secretary of State was entitled in his rate support grant each year to adopt for the population of an area the figure estimated by the Registrar General, rather than determining the figure itself. That was not regarded by the court as an . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 29 August 2022; Ref: scu.224921
