All your resources at your fingertips.Learn More
The decision to cancel the Building Schools for the Future programme was unlawful due a breach of a procedural legitimate expectation to consult and failure to comply with the equalities duties.
11 February 2011
(1) Summary of judgment A number of Local Authorities (LAs) applied for judicial review of the decision of the Secretary of State for Education to stop or cancel building projects that were in the pipeline due to the Building Schools for the Future (BSF) programme. After the election in May 2010, the new Secretary of State decided to end the BSF programme. The LAs claimed that the decision was unlawful in respect of their pending and ongoing building projects and sought reconsideration of the decision to cancel their projects. The LAs argued that the decision (1) was irrational; (2) the product of the application of rules that amounted to a fetter on the Secretary of State’s discretion; (3) a breach of their substantive legitimate expectation; (4) a breach of their procedural legitimate expectation and (5) in breach of the statutory equalities duties.
To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).
An authoritative source of case reports covering every aspect of immigration, asylum and...