Jurisdiction(s):
United Kingdom

YVR v Birmingham CC: PSED and adult social care charging - officers, not Cabinet, are the decision-makers; s31(2A) 'highly likely' bar; Norfolk not endorsed (England and Wales)

Published on: 29 April 2025

Published by a LexisNexis Local Government expert

Legal News

Article summary

R (on the application of YVR, (a protected party, by his litigation friend YUL)) v Birmingham City Council [2025] EWCA Civ 393

What are the practical implications of this case?

This ruling offers significant direction on how the public sector equality duty (PSED) should operate inside local authority governance and decision frameworks. It confirms that the person or body genuinely empowered by the authority’s constitution must give due regard to the section 149 Equality Act 2010 (EA 2010) needs, rather than those who would have taken the decision had a different route been pursued. Accordingly, officers acting under delegated powers may lawfully opt to keep existing policies in place without escalating the matter (for instance) to Cabinet, even where any alteration to those policies would have needed Cabinet approval. The judgment also gives a measure of assurance to local authorities that charging arrangements for adult social care can be lawful, even where they may adversely affect severely disabled adults unable to work, so long as the equality impacts have been conscientiously assessed...

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