Procedural improperity Flashcards
Procedural Impropriety
- Failure to observe basic rules of natural justice
- Lack of procedural fairness towards affected individuals
- Non-compliance with expressly stated procedural rules
- Inclusion of administrative tribunal procedural failures
- Lord Diplock’s broader definition of ‘procedural impropriety’
- Coverage beyond natural justice denial
Rules of Natural Justice
- Definition and Development
- Common law standards of fair procedure
- Flexibility based on context
- Origin in ‘quasi-judicial’ proceedings
- Evolution in response to new case types
- Application in administrative law
Key Principles
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Informing individuals of the case against them
- Right to be heard or present their case
- Requirement for an unbiased decision maker
- Ensuring fairness in administrative proceedings
- Application in various legal contexts
- Flexible adaptation to different scenarios
Application of Rules of Natural Justice
Case Law Examples
Cooper v Wandsworth Board of Works - unauthorised building demolition
- Ridge v Baldwin - senior police officer dismissal
- R (Shoesmith) v Ofsted - social services director dismissal
- R (Osborn) v Parole Board - prisoners’ rights for parole consideration
- Significance of each case in upholding natural justice
- Protection of individual rights in legal proceedings
Requirements in Different Situations
- Right to be informed of allegations or adverse findings
- Necessity of offering a chance to respond to accusations
- Importance of providing a summary of evidence
- Duty to give reasons for administrative decisions
- Implications of statutory duty to provide reasons
- Considerations when no explicit duty exists
Importance of Decision and Aberrant Situations
Decision importance: e.g., personal liberty or livelihood/reputation
- Aberrant decisions: unusual or contrary to evidence
- Balancing exercise: considering decision significance vs. administrative burden
- Duty to provide proper, adequate, and intelligible reasons for decisions
Transparency and Reasons for Decisions
- Giving reasons ensures transparency and good administration
- Helps assess lawfulness of decisions
- Judicial Review Pre-Action Protocol for lack of reasons issues
- Letter of Claim contents and duty of candour in judicial review
Right to Respond and Oral Hearings
- Flexibility in right to respond based on circumstances
- Importance of oral hearings in decision-making legitimacy
- Benefits of oral hearings: participation, credibility assessment
- Considerations: cross-examination, legal representation, witness calling
Case Study: R (Osborn) v Parole Board [2013]
- Supreme Court’s stance on oral hearings for better decisions
- Prisoner’s participation benefits and financial implications
- Enhancing decision quality through prisoner involvement
Impartial Decision-Making and Bias
Rule against bias: no one should judge in their own cause
- Defining bias and its importance in justice perception
- Actual vs. apparent bias and the fair-minded observer test
- Examples of financial and non-financial bias in judicial decisions
European Convention on Human Rights and Natural Justice
Article 6 ECHR and Civil Rights Determination
- Right to fair and public hearing by an independent tribunal
- Interpretation of ‘civil rights’ and implications for administrative decisions
- Challenges with administrative bodies offering internal reviews/appeals
- Judicial Review’s role in ensuring compliance with Article 6
Judicial Review and Civil Rights
Scope of Judicial Review
* Judicial Review (JR) offers an independent tribunal for legal issues.
- Limited to legal matters, not factual disputes.
- Examples: Ali v Birmingham [2010] UKSC 8, Poshteh v Kensington & Chelsea RLBC [2017]
UKSC 36.
Consultation and Natural Justice
Mandated Consultation
* Consultation is an aspect of Natural Justice, ensuring the right to be heard.
- R (Moseley) v LB Haringey [2014] UKSC 56 case example of unlawful consultation on
Council Tax Benefit scheme change. - Principles of lawful consultation include explanation of proposals, adequate time, and
careful consideration of responses. - Importance of Consultation
- Consultation is crucial for decisions affecting many people like planning, development, and equality considerations.
Public Sector Equality Duty
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Protected Characteristics
* Nine protected characteristics under the Equality Act 2010 include age, disability, race, and gender.
- Public Sector Equality Duty (s.149 EA 2010) aims to eliminate discrimination, advance equality, and foster good relations.
Due Regard and Adverse Impact
* Public bodies must consider potential adverse impacts on protected groups.
- Equality impact assessments help in identifying and mitigating adverse impacts.
- Balancing fairness to individuals with public interest is crucial in policy changes.
