Non-Fettering Principle

Question 1

British Oxygen Co

Answer 1

A “default” position from which the decision-maker is prepared to resile in exceptional circumstances will be treated as a guideline

Question 2

Kynoch

Answer 2

An unwillingness to make exceptions is indicative of a rule

Question 3

Tilley

Answer 3

Where extremely important rights and interests are involved (right to housing of homeless children) a merit-based approach may be enforced by courts

Question 4

What is the non-fettering principle?

Answer 4

Holders of discretionary power may adopt policy guidelines for the exercise of discretion but NOT rigid rules fettering the exercise of discretion. This requires the decision-maker to strike a balance between consistency/consistency/ transparency and flexibility