Laura Sharman 29 October 2014

‘Unlawful’ ruling could impact future consultations warn lawyers

Lawyers are warning that local authorities must ensure local people are properly consulted when making cuts or service changes, following a Supreme Court ruling.

A Supreme Court has ruled that Haringey Council’s consultation on its proposed council tax scheme was ‘misleading’ as it implied the council had no alternative but to make the poorest residents pay council tax for the first time.

Michelle Moseley, a single mother of four, challenged the consultation by arguing it didn’t provide enough information for people to make an informed response to the proposed changes.

The Supreme Court has now ruled the consultation was ‘unlawful’ as it ‘misleadingly’ implied that there were no possible alternatives.

Law firm Irwin Mitchell, who represented Ms Moseley, said this is the first time the Supreme Court has ruled on issues relating to consultations, and warned it could impact on anything from cuts to services or care home closures.

Alex Rook, a specialist health and welfare lawyer at Irwin Mitchell, said: ‘Today’s ruling will send a very clear message to all local authorities that they need to ensure that their consultations present the options in an accurate way and truly involve local people in the decision making process.

‘Following today’s judgment local authorities and other public bodies should be in no doubt that they cannot hide away from the true reasoning behind their decisions, and will be required to give the public more information about the possible options and the reason why they favour their proposal. The case is a good example of where judicial review and legal aid have been used positively to hold local councils to account.’

A Haringey Council spokesperson said: 'We accept the court’s judgment and will now consider its findings.'

SIGN UP
For your free daily news bulletin
Highways jobs

Social Worker - DBIT (Core) MID

Essex County Council
£37185.0000 - £50081.0000 per annum
Social Worker - DBIT (Core) MIDFixed Term, Full Time£37,185 to £50,081 per annum Location
Recuriter: Essex County Council

Senior Social Worker - Neighbourhood Team

Essex County Council
£46574.0000 - £56027.0000 per annum + Flexible Working, Hybrid Working
This is a part time opportunity for 22.5 hours per week. These hours will cover 3 days including a Thursday and Friday, plus one other day that can England, Essex, Clacton-On-Sea
Recuriter: Essex County Council

Markets Team Manager (Strategic Commissioning Manager)

The Royal Borough of Kensington & Chelsea Council
Negotiable
Drive real change in your community - shape the future of careDrive real change in your community - shape the future of careAt the Royal Borough of Ke England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

School Effectiveness Partner

Essex County Council
£62725.0000 - £73793.0000 per annum
School Effectiveness PartnerPermanent, Full Time£62,725 to £73,793 per annumLocation
Recuriter: Essex County Council

School Crossing Officer - Danbury Park Community School

Essex County Council
Up to £13.00 per hour
School Crossing Officer - Danbury Park Community SchoolPermanent, Part Time£13.00 per hourLocation
Recuriter: Essex County Council
Linkedin Banner