Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Public law and Regulation

Case reports and guidance on public law and professional regulation issues

09 NOV 2011

R (Luton Borough Council & Ors) v Secretary of State for Education [2011] EWHC 217 (Admin)

Education – decision-making – rationality – fettering – legitimate expectations – equalities duties

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
Administrative Court
Holman J

(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).


Education Law Journal

Education Law Journal

Keeping you up to date with the latest developments in education law.

Available in Education Law Online
Immigration and Nationality Law Reports

Immigration and Nationality Law Reports

An authoritative source of case reports covering every aspect of immigration, asylum and...

More Info from £164.00
Available in Immigration and Human Rights Online
Subscribe to our newsletters