Buckinghamshire County Council, ex parte Sharma; Wiltshire County Council, ex parte Kaur [1998] COD 182 (QBD)

Policy – fettering of discretion

The applicants had applied to their councils for discretionary education grants and had received letter stating that it was it was not council policy to make such awards unless the applicants could demonstrate exceptional circumstances. The applicants’ contention that the councils had unlawfully fettered their discretion failed. The court found that the procedure operated by the councils for the determination of appeals and the statistics provided as to the success of those appeals, dispelled any suggestion that the councils had fettered their discretion.

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