Advise Emma and NCA, citing only Public Law issues in your answer.

Judicial Review Problem Question

– Footnotes are NOT required – include the names of any cases or legislation you refer to in the main text. You may omit full case citations – case name and year is sufficient.

The (fictitious) Business Consultant Engagement Act 2021 (‘BCE Act’) contains the following clauses:

s7: Public bodies may make any enquiries that they deem fit in relation to the suitability and character of persons intending to supply services through a consultancy.

s8: In making decisions about the engagement of a consultant, public bodies must give significant weight to the ability of the consultant to work outside of regular business hours, in addition to the value for money of the consultant’s services.

s9: Decisions about the engagement of a consultant are final and not subject to appeal.

Emma, a German national, lives in Manchester and works as a freelance website consultant. Most of her work over the last 10 years has been with small businesses, but in March 2022 she saw an opportunity to supply web design services to the Manchester Water Authority (MWA), the statutory body which provides water to residential and commercial customers throughout the county. The MWA’s public announcement of the tender opportunity noted that bids had to be received by 1 April 2022, and that they would be evaluated by the MWA Consultancy Committee.

Emma prepared her most competitive offer which included a statement outlining her availability to work until 8pm on weekdays as well as on Saturdays, and lodged it by the deadline.

One week later she received a letter from Norman Price, Assistant to the MWA Consultancy Committee, advising as follows:

“Thank you for your Expression of Interest to supply consultancy services to the MWA, which I have carefully considered. Unfortunately your bid has not been successful. The Committee is concerned about a number of issues. First, there are concerns that your residency in Berlin means problems with timezones, impacting on your availability out of regular business hours. Second, your tender price is too low in comparison with other bids. Lastly, the Committee is concerned that your bitter Family Court dispute with your husband over your daughter’s Scientology education will portray the MWA in a less than positive light.”

Emma immediately tried to call the MWA Consultancy Committee’s contact number to ask to clarify her situation in a meeting with them, but the receptionist referred to s9 of the BCE Act. In the course of the conversation, the receptionist did however mention that the Chair of the MWA Consultancy Committee was Darcy Brown, whom Emma recognised as an old school friend of her husband.

The National Consultants’ Association (NCA), an established advocacy group which advises business and government at all levels on issues relating to consultancies (but was not consulted on the BCE Act), has heard about Emma’s case and wishes to challenge the decision.

Advise Emma and NCA, citing only Public Law issues in your answer.

OSCOLA reference

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