Jurisdiction(s):
United Kingdom

Administrative Court finds PSED breach and indirect sex discrimination in Westminster’s reciprocal transfer policy: updating policies, evidencing discretion and Equality Act 2010 compliance for local authorities (England and Wales).

Published on: 19 April 2024

Published by a LexisNexis Local Government expert

Legal News

Article summary

What are the practical implications of this case?

The key takeaway for local authorities is to ensure that relevant policy documents are reviewed at intervals so they keep pace with shifts in legislation and guidance, and to update policies so those developments are clearly mirrored. Westminster’s policy contained no express reference to the PSED. The judgment reaffirmed Lord Justice McCombe’s observations in R (Bracking) [2013], All ER (D) 75 (Nov), namely that the PSED imposes a significant obligation on public authorities and sits at the centre of policy-making. It follows that explicit recognition of the PSED within policy texts is essential.

The shortcomings extended further: the policy, introduced in 1990, failed to acknowledge numerous pertinent and more recent changes in statutory guidance. Where a policy confers discretion—and that will often be the case—it is essential that internal or published guidance is produced to steer decision-makers, enabling them to apply the policy in a fair and consistent way.

Regularly update and align policy documents with legislative and guidance changes
Publish or provide internal guidance where discretion exists to secure consistent, fair decision-making...

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