Decision making process ruled unlawful due to absence of consultation. R (Luton Borough Council and others) v Secretary of State for Education [2011] EWHC 217 (Admin)

This case concerned a challenge to the decision making process whereby the Secretary of State for Education decided to stop the funding of schools under the Building School’s for the Future (BSF) project. The Court found the way in which the Secretary of State abruptly stopped the projects without any prior consultation must be characterised as being so unfair as to amount to an abuse of power. Despite the pressing economic problems, Mr. Justice Howell found there was no “overriding public interest” which precluded any consultation or justified the lack of any consultation; and ultimately found the decision making process unlawful.