Whitcher v Secretary of State for Communities and Local Government

A challenge to the adequacy of reasons will not succeed where the court considers that there is no realistic prospect of establishing an error of law. Arguments directed to the substantive merits of a possible future application should be pursued through that application, rather than treated as demonstrating an arguable defect in the decision under challenge.

The claimant challenged a decision concerning the availability of temporary admission and the supply of accommodation or sites. The claimant argued that the decision-maker had failed properly to consider unmet need, the absence of a five-year supply and the interests arising from disability and family connections.

The claim was dismissed. In the post-judgment discussion, the court considered an application for permission to appeal on the adequacy of the reasons given in paragraphs 45 and 46 of the decision under challenge.

1. Claim dismissed. Mr Justice Dove held that there was no realistic prospect of success in the proposed appeal on the narrow question whether the reasons in paragraphs 45 and 46, particularly paragraph 45, were legally adequate.
2. The matters advanced by the claimant were principally merits-based. They might be relevant if the claimant made an application for temporary permission, but they did not establish an arguable error of law in the decision already challenged.
3. The appropriate route for pursuing those wider matters was a merits-based application to the New Forest National Park Authority. The court was not seized of such an application and did not encourage it, although it remained open to the claimant to pursue one if advised that it had merit.
4. Permission to appeal was refused. An extension of time for any appeal was granted. Costs were summarily assessed at £2,500, with the Legal Aid arrangements to be reflected in the order.

Not stated in the judgment.