The High Court (Patterson J) has given judgment on 18 May 2015 in another case raising the scope of the duty to consult on “alternative options” following the Supreme Court’s ruling in R(Moseley) v Haringey London Borough Council [2014] 1 WLR 3947. In R(Morris) v Rhondda Cynon Taf CBC [2015] EWHC 1403 (Admin), Patterson J held that when consulting about a reduction in funding for nursery education in order to balance its budget, the council was not obliged as part of that exercise to consult on other ways (not involving nursery education) in which the budget could be balanced. The relevant “alternative option” was simply not to cut nursery education funding: and that alternative option had been put before the public.
Barristers from 11KBW were involved on both sides: Nigel Giffin KC and Joanne Clement represented the claimants; James Goudie KC and Julian Milford represented the council.
