Wednesday 28 June 2023
The Secretary of State appeals the Order of Griffiths J. of 25 January 2022 by which he declared that the National Disability Strategy was unlawful.
The parties agreed before the High Court the following formulation of the issues: (1) By undertaking the Survey, did the defendant voluntarily embark on a consultation with the public to which the principles in R v Brent London Borough Council ex parte Gunning (1985) 84 LGR 168 apply?; (2) If not, did the defendant nevertheless have a duty to consult with (a) disabled people and/or (b) DPOs?: (3) iii) If not, was the defendant’s decision not to consult disabled people and/or DPOs irrational?; and (4) In conducting the Survey, did the defendant breach the PSED?
The Grounds of appeal, sumarised, argue that by declaring the National Disability Strategy unlawful, the Judge erred in law, specifically in concluding that by undertaking the UK Disability Survey, the Secretary of State had voluntarily embarked upon a process of consultation in respect of the Strategy to which the Gunning principles applied.