Source: All England Reporter
Publisher Citation: [2015] All ER (D) 166 (May)
Neutral Citation: [2015] EWHC 1403 (Admin)
Court: Queen's Bench Division, Administrative Court (Cardiff)

Mrs Justice Patterson DBE

Representation Nigel Giffin QC and Joanne Clement (instructed by Bindmans LLP) for the claimants.
  James Goudie QC and Julian Milford (instructed by Rhondda Cynon Taf County Borough Council) for the authority.
Judgment Dates: 18 May 2015


Natural justice - Duty to act fairly - Consultation - Claimants seeking judicial review of defendant local authority's decision full-time nursery education for children from age of three free of charge ceasing to be available - Whether defendant's consultation being adequate - Whether defendant breaching duty to secure sufficient childcare for working parents - Children Act 2006, s 22.

The Case

Natural justice Duty to act fairly. The claimants sought judicial review of the defendant local authority's decision that full-time nursery education for children from the age of three free of charge would cease to be available. The Administrative Court, in dismissing the application, held that the consultation exercise carried out by the authority had been fair in all of the circumstances and it had dealt adequately with the issue of realistic alternatives. Further, the issue of childcare had been approached on the basis of a correct appreciation of the authority's statutory duty.

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