AC-2024-CDF-000188 - [2025] EWHC 2196 (Admin)

The next ground is breach of the PSED. I take Mr Purchase KC’s point that just because additional leaning needs were being considered, it cannot be assumed that the PSED was complied with. However, from a general point of view, in my judgment, it is likely that there was due regard to achieve the results identified in section 149(1). There is no need to refer to the duty expressly.

The PSED also requires rigorous consideration in a highly fact sensitive process. In my judgment, the flaws identified in paragraph 51 to 55 above are such as to mean that in those specific ways the PSED was not complied with.