Nash, R (on the application of) v Capita Plc & Ors [2013] EWHC 1067 (Admin)

Case No: C0/219/2013

Date

29 April 2013

Link to judgment

Nash, R (on the application of) v Capita Plc & Ors [2013] EWHC 1067 (Admin)

Discrimination grounds

Disability

Summary of case

The Claimant, a resident of the London Borough of Barnet, was seriously disabled and dependent on Council services. The Claimant challenged the Council’s decision to outsource to private sector organisations a high proportion of its functions and services as she considered that this would lead to a significant deterioration in the Council’s services.

 The Claimant advanced three grounds of challenge, one of them being that the Council was acting in breach of the Equality duty: The Council was said to have failed in reaching the decisions to have due regard to its equality duty.

Outcome

Barnet Council’s outsourcing of services to the private sector was lawful: adequate consultation was carried out, they had had due regard to the Equality duty and the fiduciary duty was not breached. Permission to bring judicial review was refused