Article by Jonathan Lewis – The perils of voluntary consultation (Binder and others v Secretary of State for Work and Pensions)

Lexis Nexis Public Law analysis written by Jonathan Lewis.

Four disabled adults judicially reviewed the alleged failure of the Secretary of State for Work and Pensions (SSWP) to consult lawfully, via its UK Disability Survey (the Survey), before publishing a National Disability Strategy document (the Strategy). They sought a declaration that the Strategy was unlawful. Mr Justice Griffiths found that there was no legal duty upon the SSWP to consult but that she had voluntarily engaged in consultation (applying the Gunning principles) and had failed to do so lawfully. However, he found that the SSWP had not breached the public sector equality duty (PSED) contained in section 149(1) of the Equality Act 2010.

This article was first published by Lexis®PSL on 1 February 2022.

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