R (on the application of A) (Appellant) v Secretary of State for the Home Department (Respondent)

Case

[2021] UKSC 37


Details
AGLC Case Decision Date
R (on the application of A) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 37 [2021] UKSC 37

CaseChat Overview and Summary

In this case, the Supreme Court considered the legal standards for judicial review of a policy document issued by the Government. The specific policy in question was the Child Sex Offender Disclosure Scheme Guidance, which provides guidance to police forces on the disclosure of information about convicted sex offenders to the public. The appellant, a convicted sex offender, argued that the Guidance was unlawful as it did not provide sufficient direction to police forces on when to consult him before disclosing information about him. The Supreme Court found that the Guidance was lawful, as it did not misdirect officials on their legal obligations, and it was not necessary for the Guidance to be a detailed and comprehensive statement of the law. The court's decision was based on the principle set out in Gillick v West Norfolk and Wisbech Area Health Authority, which states that a policy will be unlawful if it directs individuals to act in a way that contradicts the law. In this case, the Guidance did not do so, and therefore was not unlawful. The final orders of the court were to dismiss the appeal.
Details

Areas of Law

  • Administrative Law

  • Human Rights Law

Legal Concepts

  • Judicial Review

  • Natural Justice & Procedural Fairness

  • Proportionality

  • Legitimate Expectation