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18 September 2026 / Nicholas Dobson
Issue: 8177 / Categories: Features , Local authority , Community care , Public , Judicial review
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Tough choices & the duty to consult

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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

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