‘Public authorities are imbued with statutory and prerogative powers. And every now and then, they publish a policy setting out how they will exercise those powers. Policies must not be so rigid that they amount to a fetter on the discretion of decision-makers. But provided there is ample flexibility so as not to fetter, then the free-standing principle described in Mandalia v Home Secretary [2015] UKSC 59 (Mandalia) can kick in to impose a duty on the public authority to act in accordance with that policy unless there is good reason not to do so.’
UK Constitutional Law Association, 7th May 2025
Source: ukconstitutionallaw.org
