“…-maker’s thinking cannot be used to contradict the original reasons given or to provide wholly new reasons (see R. v Westminster City Council, ex parte Ermakov [1996] 2 All E.R. 302, and Inclusion Housing Community Interest Company v Regulator of Social Housing [2020] EWHC 346 (Admin), at paragraph 78). But that has not been done in this c…”
“… fact. She was wrong to rely on the retrospective explanation given by the Environment Agency after the event (see R. v Westminster City Council, ex p. Ermakov [1996] 2 All E.R. 302). Such explanations do not displace the principles set out by the Court of Appeal in E v Secretary of State for the Home Department [2004] EWCA Civ 49. The err…”