MOVING TOWARDS A GENERAL DUTY: AN ANALYSIS OF THE DUTY TO GIVE REASONS IN UK ADMINISTRATIVE LAW

Luke Griffiths

An academic poster with the title The Duty to act fairly and the giving of reasons for administrative decisions

Abstract

‌Currently UK law does not recognise the giving of reasons for administrative decisions as a core element of procedural fairness. This means that public bodies who are not under a specific legal duty to provide reasons can make decisions against applicants and not disclose their reasoning. Given that reason-giving is an accepted core value of rational administration and, in the words of Lord Justice Sedley, that ‘the decisions of administrative bodies can have a more immediate and profound impact on peoples lives than the decisions of courts’ the law can and should create a general legal duty to give reasons.