Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

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UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

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Ignoring the Court of Appeal? – NearlyLegal

‘There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on grounds of Article 14 read with Art 1 Protocol 1. The Tribunal apparently found that it would be unjustifiable discrimination to impose the bedroom tax.’

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NearlyLegal, 24th April 2014

Source: www.nearlylegal.co.uk

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Room for manoeuvre – Hardwicke Chambers

‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’

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Hardwicke Chambers, 12th March 2014

Source: www.hardwicke.co.uk

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Shocking justice gap for disabled prisoners – Halsbury’s Law Exchange

‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’

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Halsbury’s Law Exchange, 4th April 2014

Source: www.halsburyslawexchange.co.uk

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Education Law for Local Authorities in the Age of Academies – 11 KBW

‘Local authorities no longer run many of our publicly funded schools in England but still have plenty to occupy them in the education field. They have a role in the setting up of new academies. They still run their maintained community schools. In Wales, they remain the Welsh government’s preferred providers of state education. They have intervention powers and can suspend a school’s delegated budget.’

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11 KBW, 24th February 2014

Source: www.11kbw.com

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Judge rejects bedroom tax unlawfully discriminates against disabled – Daily Telegraph

Posted February 24th, 2014 in benefits, disability discrimination, disabled persons, housing, news by sally

‘Judge rejects accusations that the so-called ”bedroom tax” unlawfully discriminates against the disabled.’

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Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

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Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, detention, disability discrimination, housing, mental health, news by sally

‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’

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NearlyLegal, 6th January 2014

Source: www.nearlylegal.co.uk

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When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers

‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

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Employers must not ‘rubber stamp’ opinion of adviser on disability: CoA – Local Government Lawyer

‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’

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Local Government Lawyer, 11th December 2013

Source: www.localgovernmentlawyer.co.uk

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DWP says regulations implementing Gorry ruling in force next week – Local Government Lawyer

‘The Department of Work & Pensions has published a circular to local authorities confirming that new regulations implementing the Court of Appeal’s ruling in the Gorry case will come into force next week.’

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Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

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The “bedroom tax” and human rights – Hardwicke Chambers

“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”

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Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk

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Student litigation – Choosing the right words – Hardwicke Chambers

“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”

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Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

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Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service – 13 KBW Employment

“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”

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13 KBW Employment, 18th November 2013

Source: www.13kbwemployment.wordpress.com

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Zulhayir v JJ Food Service Ltd – WLR Daily

Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226;   [2013] WLR (D)  396

“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

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Finnigan v Chief Constable of Northumbria Police – WLR Daily

Posted October 15th, 2013 in appeals, disability discrimination, law reports, police by sally

Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191; [2013] WLR (D) 378

“When the issue arose of whether a public authority had discriminated against a disabled person in carrying out its functions, contrary to the Disability Discrimination Act 1995 or the Equality Act 2010, by having in place a ‘practice, policy or procedure’ (under the 1995 Act) or a ‘provision, criterion or practice’ (under the 2010 Act) to which it had not made reasonable adjustments, the court should first identify what that practice, policy or procedure was as a question of fact, and then determine whether reasonable adjustments had been made to that policy to alleviate the detrimental effects to which a disabled person might be subjected by it. The duty to make reasonable adjustments could not be discharged on an ad hoc basis in relation to individuals but was anticipatory and owed to persons with particular kinds of disabilities as a class.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

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Crime victims with mental illness ignored, research suggests – BBC News

“People with mental illnesses are three times more likely to be victims of crime than the general population, new research suggests.”

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BBC News, 7th October 2013

Source: www.bbc.co.uk

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High Court rejects “bedroom tax” claims – Hardwicke Chambers

“The High Court has rejected claims for a judicial review of the so-called ‘bedroom tax’. Its judgment brings to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.”

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Hardwicke Chambers, 31st July 2013

Source: www.hardwicke.co.uk

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Fox v British Airways plc – WLR Daily

Fox v British Airways plc [2013] EWCA Civ 972; [2013] WLR (D) 330

“Where a claimant could establish liability for unfair dismissal and disability discrimination in respect of his son who had been a member of a company pension scheme and who died shortly after dismissal by the company for medical incapacity, the son’s estate would be entitled to compensation in a sum equivalent to the full amount of the death in service benefit that would have been payable under the scheme if the son had remained in employment at the date of his death.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

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Sud v Ealing London Borough Council – WLR Daily

Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320

“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

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Bedroom tax JR – NearlyLegal

“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”

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NearlyLegal, 3oth July 2013

Source: www.nearlylegal.co.uk

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