The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed in its dutes to consider their individual cases, to consult properly, and in its public sector equality duty.
Held: The appeal was dismissed. The individual users and carers at the heart of the present case had had their interests substantially protected by the individual assessment process, with the possibility of challenge to the resulting decisions if they are aggrieved by them. All but a small number of former users of the PTU service had been moved to different arrangements.
‘ In my judgment the Council did have due regard to the matters identified in section 149 in relation to the disabled adults potentially affected by the decision to close the PTU. That largely follows from the conclusions I have reached on the assessment issue and the consultation issue. Through the carrying out of individual transport assessments and a lawful consultation exercise, it had obtained sufficient information to discharge the duty of inquiry for the purposes of section 149.’
Richards, Treacy LJJ, Newey J
[2015] EWCA Civ 6
Bailii
Equality Act 2010 149
England and Wales
Citing:
Appeal from – Robson and Another, Regina (on The Application of) v Salford City Council Admn 23-Oct-2014
The claimants who all suffered disability complained of the withdrawal by the respondent of its Passenger Transport Unit, which had provided support to them in attending local day care facilities.
Held: The request for judicial review failed. . .
Cited – Secretary of State for Education and Science v Tameside Metropolitan Borough Council HL 21-Oct-1976
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
Cited – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Cited – Bracking and Others v Secretary of State for Work and Pensions CA 6-Nov-2013
Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund.
Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . . .
Lists of cited by and citing cases may be incomplete.
Local Government, Discrimination
Updated: 27 December 2021; Ref: scu.541552