2 October 2014
Karia, R (on the application of) v Leicester City Council (Sir Stephen Silber, acting as High Court Judge)  EWHC 3105 (Admin) (30 September 2014)- read judgment
In a robust judgment Sir Stephen Silber has asserted that neither the ordinary laws of judicial review, nor the Equality Act nor the Human Rights Act require the courts to micro-manage the decisions of public authorities. Indeed the latter two statutory powers are not designed as a back door into a merits review of a decision that is restricted to the court’s review of the legality of a public sector decision.
Background facts and law
The claimant, a 101 year old woman of Gujarati descent, challenged the decision to close the care home which she has occupied since 1999. Her grounds of challenge were threefold:
1. that the Council had failed to take account of material issues of fact relating to the present and future levels of demand for residential care one provision
2. that it had reached its decision without due regard to the need under the Equality Act 2010 to avoid unlawful discrimination in the provision of services
3. and it had failed to take into account the impact of the closure on the claimant’s Article 8 rights
She also complained that she had a legitimate expectation of a home for life at Herrick Lodge and that the Council had not considered whether her needs could be met in alternative placements.
Although the judge was at pains to stress that as this was a judicial review application, it was not for him to assess the merits of the Council’s decision, merely its legality. Having done so, he concluded that the Council had not acted irrationally, nor had it paid due regard to the need to advance equality of opportunity.
It is not for the Court to determine whether proper weight has been given to a factor where as here there has been proper appreciation of the potential impact of the decision on equality issues.