R (on the application of Ul Haq) v Walsall Metropolitan Borough Council

Local authority – Powers of local authority. The claimant, a practising Barelvi Muslim, failed in his judicial review claim, challenging the lawfulness of the defendant local authority's policy which precluded individuals from erecting raised edging around the grave of a deceased person. The Divisional Court, in dismissing the claim, held that the authority had acted in a way that was justified under art 9(2) of the European Convention on Human Rights, and that there had been no breach of that article, or of art 8 of the Convention, in respect of the authority's refusing to grant the claimant permission to erect a four-inch raised marble edging around his father's grave. The court further held that, contrary to the claimant's assertion, there had been no discrimination under ss 13 and 19 of the Equality Act 2010.

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