8. Legitimate expectation

Procedural expectations

GCHQ: Council of Civil Service Unions v Minister for the Civil Service concerned staff at the Government Communications Headquarters. The government banned them from belonging to national trade unions without consulting them, breaking a long practice of consultation. The House of Lords held that the unions had a legitimate expectation of consultation, but that national security outweighed it.

Ng Yuen Shiu: In Attorney-General of Hong Kong v Ng Yuen Shiu the government publicly promised that each illegal immigrant would be interviewed and his case treated on its merits. The Privy Council held the government must keep that promise before removing him.

Substantive expectations

Coughlan: In R v North and East Devon Health Authority, ex parte Coughlan a severely disabled woman moved to a care home after a clear promise that it would be her home for life. The authority later decided to close it. The Court of Appeal held that to break the promise would be so unfair as to be an abuse of power, and the decision was quashed.

The limits

Clear and unambiguous: The promise must be clear, unambiguous and without qualification, and the person must be within the group to whom it was made.

Public interest: The body may still depart from its promise if there is an overriding public interest, as in GCHQ. The court weighs the unfairness to the person against that interest.