header-logo header-logo

18 September 2026 / Nicholas Dobson
Issue: 8177 / Categories: Features , Local authority , Community care , Public , Judicial review
printer mail-detail

Tough choices & the duty to consult

259143
© Getty images

Nicholas Dobson examines a recent case where a valued community resource was earmarked for housing

  • Considers the case of R (BUJ, a protected party, by his father and litigation friend, MNO) v Bromley London Borough Council.
  • In BUJ, it was held the council acted unlawfully by deciding to close a valued adult education facility without first consulting its users and their carers.

Local and other public authorities often face difficult decisions in managing scarce public resources. So, while there may be pressing need for new housing, on the other hand releasing suitable land may directly impact upon the wellbeing of vulnerable residents in specialised community facilities. Such was the case in the decision of the Court of Appeal in R (BUJ, a protected party, by his father and litigation friend, MNO) v Bromley London Borough Council [2026] EWCA Civ 888, which was handed down on 10 July 2026 by Lord Justice Dingemans, Senior President of Tribunals, and with whom Lady Justice Whipple

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll