Helping you understand Welsh law

Examples of public authorities fettering their discretion

  • The Secretary of State is not entitled to adopt a rigid rule that a serving officer of a police force may never be appointed Chief Constable of that force.
  • Chief Constables are not permitted to adopt a rigid rule that prosecutions will never be brought for particular types of offence.
  • Local housing authorities should not adopt rigid policies on, among other things, when to institute eviction proceedings when tenants are in rent arrears, suspending persons who have unreasonably refused accommodation from the housing register for two years, or refusing housing applications from the children of those that are intentionally homeless.
  • Local authorities are not permitted to adopt rigid policies on when to close secondary schools that admit children on the basis of ability or when to refuse applications for request for assessments of a child's special educational needs.

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