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R (Islington LBC & 7 others) v The Mayor of London, London Fire and Emergency Planning Authority and the London Fire Commissioner [2013] EWHC 4142 (Admin)

DATE: 20 Dec 2013

This was a judicial review challenge by various London Councils, supported by the Fire Brigades Union, to the Fifth London Safety Plan (“LSP5”), which is the latest version of the fire risk management plan for London and was adopted by the London Fire and Emergency Planning Authority on 12 September 2013 at the direction of the Mayor of London, acting on the recommendation of the London Fire Commissioner.

Amongst other things, LSP5 sets out reductions to the number of fire stations, appliances and fire fighters in London due to budgetary constraints. The Commissioner’s view was that the reductions would not have any significant adverse effect on safety. The claimants contended that the Commissioner, LFEPA and/or the Mayor failed to take into account material considerations and/or reached irrational conclusions, that they failed to have due regard to the equality objectives under s.149 of the Equalities Act 2010, and that the consultation on the draft LSP5 was unfair.

Following a four-day hearing, Foskett J. dismissed the claim on all grounds. The full judgment can be found here and a three-page summary can be found here.

Richard Drabble QC and Charles Banner appeared for the Mayor of London, instructed by TfL Legal.