Government Models, Decision-Making, and the Public Law Presumption of Disclosure
(2020) 25 Judicial Review 296
12 Pages Posted: 2 Sep 2021
Date Written: November 23, 2020
Abstract
In recent decades, public bodies in the UK have increasingly relied on models, with differing levels of sophistication, to assist them with decision-making. However, officials are often reluctant to disclose such models. An important question of public law that results is if and when a public authority is under a duty to disclose a model. This article argues that there has now emerged a clear line of authorities in England and Wales which establishes a strong presumption in favour of disclosing decision-making models. These principles are likely to be an increasingly contested aspect of administrative law in the coming years.
Suggested Citation: Suggested Citation