Source: All England Reporter
Publisher Citation: [2011] All ER (D) 133 (Feb)
Neutral Citation: [2011] EWHC 217 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Holman J
Representation Richard Drabble QC and Daniel Kolinsky (instructed by Addleshaw Goddard) for Luton Borough Council.
  Richard Drabble QC and Daniel Kolinsky (instructed by Ward Hadaway) for the Nottingham City Council.
  Jemima Stratford QC and Oliver Jones (instructed by London Borough of Waltham Forest Legal Services) for the second claimant.
  Peter Oldham QC and Tom Cross (instructed by Dickinson Dees LLP) for the third claimant.
  Harry Matovu QC and Tony Singla (instructed by Kent County Council Legal and Democratic Services) for the fourth claimant.
  Nigel Giffin QC and Rachel Kamm (instructed by Bevan Brittan LLP) for the fifth claimant.
  James Goudie QC, Clive Sheldon and Robin Hopkins (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 11 February 2011

Catchwords

Public authority - Statutory powers - Misuse of powers - 'Building schools for the future' scheme implemented in 2003 - Local authorities able to apply for funding for building or refurbishment of schools under scheme - Government changing in 2010 - New administration cancelling scheme in relation to certain projects including those being undertaken by claimants - Whether Secretary of State acting irrationally - Whether decision breaching claimants' substantive legitimate expectation - Whether decision-making process unlawful on grounds of failure to consult - Whether Secretary of State failing to comply with equality duties.

The Case

Public authority Statutory powers. The Administrative Court allowed the claimant local authorities' claims for judicial review of the Secretary of State's decision to end certain projects undertaken as part of the previous administration's 'building for schools' scheme, where the decision making process had breach the claimants' legitimate procedural expectation of consultation, and where he had failed to discharge his duties under the equality legislation.

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