Category: Spending cuts
14 October 2011 by Richard Mumford
Child Poverty Action Group v Secretary of State for Work & Pensions [2011] EWHC 2616 (Admin) – Read judgment
On 13 October 2011 Mr Justice Supperstone in the High Court held that changes to rules for calculating housing benefit were lawful and in particular did not breach equality legislation.
Two particular measures were under challenge. The first was the introduction of maximum weekly caps on the amount of local housing allowance (LHA). The second was the reduction of the maximum size in accommodation eligible for housing benefit from five bedrooms to four bedrooms.
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15 September 2011 by Alasdair Henderson
R (JG and MB ) v. Lancashire County Council [2011] EWHC 2295 (Admin) – read judgment here.
Public sector cuts are back in the news, with the trade unions warning of their plans to stage the biggest series of strikes in a generation. However, attempts to take the fight against the cuts into the courts as well as onto the streets were dealt a serious blow recently, as the Administrative dismissed an application by two disabled women for judicial review of Lancashire County Council’s decision to significantly reduce their budget for adult social care services.
This case provides a very helpful summary of the courts’ approach to public bodies’ equality duties (now the new general Public Sector Equality Duty in s.149 of the Equality Act 2010). It is also a reminder that the courts are reluctant to interfere with difficult social or economic decisions made by elected officials, as long as there has been proper consideration of the relevant factors, despite other recent cases where such decisions have been struck down.
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21 April 2011 by Shaheen Rahman
Rahman, R (on the application of Birmingham City Council) [2011] EWHC 944 (Admin) (31st March 2011) – read judgment
The Prime Minister recently called upon immigrant communities to integrate more fully in British Society, criticising in particular those who fail to learn English.
But three longstanding residents of Birmingham who communicate poorly in English and rely upon legal entitlement advice centres to provide services in their mother tongue, have successfully argued that the Defendant Council unlawfully failed to discharge its Public Sector Equality Duty in ceasing to fund the centres. Two further Claimants, with disabilities, also succeeded in their challenge to the Council’s decision to cease funding another centre that was providing free assistance in welfare benefit appeals.
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1 March 2011 by Adam Wagner
The coalition government wants to reduce the national deficit by billions, but is facing regular court challenges against its decisions to cut budgets. Some have been successful, such as the challenge to the cancellation of a school building programme and to London Councils’ decision to cut the London boroughs’ grants scheme budget — and there are more to come.
It is important to understand the basis on which individuals can challenge decisions that affect them, why unelected judges have the power to alter decisions of elected officials, and how public authorities can avoid being vulnerable to successful challenges in future. The key is accountability.
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11 February 2011 by Adam Wagner
Luton Borough Council & Nottingham City Council & Ors, R (on the application of) v Secretary of State for Education [2011] EWHC 217 (Admin) (11 February 2011) – Read judgment
The high court has ruled that the coalition government’s cancellation of Labour’s school building program in 6 areas was unlawful. The full background to the ruling can be found here.
Michael Gove, the education secretary, announced in July that the £55bn scheme was to be reduced significantly, prompting five councils to challenge the decision by way of judicial review.
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30 September 2010 by Adam Wagner
Updated The High Court has ruled that the Legal Service Commission’s legal aid tender process was “unfair, unlawful and irrational”. The decision came in a judicial review of the tender brought by the Law Society.
According to the Law Society’s press release:
The failure of the LSC to anticipate, let alone manage, the outcome of the process was the latest and perhaps most alarming of the LSC’s apparently haphazard attempts to reshape legal aid…
The LSC’s actions would have seen the number of offices where the public could get subsidised help with family cases drastically cut from 2400 to 1300.
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26 August 2010 by Adam Wagner
Updated 27 Aug (17:15) | A High Court judge has branded the Legal Service Commission’s recent and highly controversial tender for legal aid work as a “dreadful” and potentially irrational decision.
The comments of Mr Justice Collins came in a permission hearing (i.e., only the first stage of a two-part process) on the application by the Community Law Partnership to judicially review the LSC’s recent tender, and specifically the rejection of CLP’s own application. It appears from a Law Society Gazette article that the hearing was adjourned, with the judge warning the LSC to consider its position carefully, and that if it fights and loses the decision could set a dangerous precedent. The hearing is to resume in around a week and a half.
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