Rents and Equality. Barnet, again – Nearly Legal

‘It appears that Barnet Council (via the Mayor’s casting vote) are determined to carry on with their plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest.’

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Nearly Legal, 15th April 2015

Source: www.nearlylegal.co.uk

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School transport judgment arrives – Education Law Blog

Posted April 10th, 2015 in equality, local government, news, special educational needs, transport by tracey

‘The claim was brought by a 15-year-old school girl with a range of medical problems and a statement of special educational needs which named an independent school 27 miles from her home. The local authority accepted that she was an eligible child entitled to free school transport under section 508B of the Education Act 1996, which duty it discharged by providing a taxi service shared with other pupils. That service took her to and from school at the beginning and end of the normal school day. She asked for this arrangement to be varied in two respects: (1) to take her from home to school later than usual when she arrived back there from the frequent medical appointments she required, and (2) to take her from school to home later than usual on certain days to enable her to attend after-school clubs.’

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Education Law Blog, 9th April 2015

Source: www.education11kbw.com

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Judiciary launches its own initiative to improve diversity of High Court judges – Litigation Futures

Posted April 9th, 2015 in diversity, equality, judiciary, news, pilot schemes by sally

‘The Judicial Office has launched a pilot programme to improve the diversity of the High Court bench and encourage more applications from senior lawyers and legal academics.’

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Litigation Futures, 9th April 2015

Source: www.litigationfutures.com

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Regina (Coll) v Secretary of State for Justice – WLR Daily

Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157

‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’

WLR Daily, 31st March 2015

Source: www.iclr.co.uk

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High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer

‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

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Disability discrimination goes to full trial – Nearly Legal

‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’

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Nearly Legal, 29th March 2015

Source: www.nearlylegal.co.uk

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Convicted murderers become first gay couple to marry in prison – The Guardian

Posted March 30th, 2015 in equality, homosexuality, marriage, married persons, murder, news, prisons by sally

‘Two convicted murderers detained in one of Britain’s toughest prisons have become the first gay couple to marry behind bars.’

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The Guardian, 28th March 2015

Source: www.guardian.co.uk

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Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (Equality and Human Rights Commission intervening) – WLR Daily

Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (Equality and Human Rights Commission intervening); [2015] UKSC 15; [2015] WLR (D) 121

‘The approach to be taken to a defence to a claim for possession of residential premises which alleged unlawful discrimination against a disabled person, contrary to the Equality Act 2010, was different from that which applied to a defence which alleged a breach of an individual’s rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, summary judgment would not normally be an appropriate procedure for dealing with a possession claim where a disability discrimination defence was raised.’

WLR Daily, 11th March 2015

Source: www.iclr.co.uk

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UK rights watchdog attacks Tory policy to quit European human rights court – The Guardian

Posted March 20th, 2015 in equality, human rights, news, political parties by tracey

‘The government’s human rights watchdog has attacked Conservative party proposals to repeal the Human Rights Act and withdraw from the European court of human rights in Strasbourg.’

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The Guardian, 20th March 2015

Soure: www.guardian.co.uk

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Managing Cuts: Lawful decision-making, PSED and consultation – Thirty Nine Essex Street

Posted March 19th, 2015 in consultations, equality, financial provision, news by sally

‘In recent years there have been an increased number of challenges to local authority decisions made under the pressure of increasingly tight and potentially unmanageable
financial constraints. Many of these legal challenges have centred on alleged failures to comply with the Public Sector Equality Duty (PSED) together with alleged deficiencies in the consultation process. As financial pressures continue, and further cuts are required, this paper discusses the lessons to be learned from the cases so far, and offers practical tips for lawful decision-making in these difficult times.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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The Equality Act 2010: The interplay of the employment and educational protections – No. 5 Chambers

Posted March 18th, 2015 in appeals, education, employment, equality, news, sex discrimination, tribunals by sally

‘In this case the legislative framework at play was the interplay between the education and employment protections in the Equality Act 2010 (‘the Act’). S56(5) was the particular provision under the microscope, which provides that training or guidance covered by s91(within the education provisions of the Act) falls outside the employment services protection afforded by s55; it provides that s56 ‘does not apply in relation to training or guidance for students of an institution to which s91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access’.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

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Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant – Cloisters

‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’

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Cloisters, 12th March 2015

Source: www.cloisters.com

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Gender equality and diversity in the judiciary – two years later and little has changed – Halsburys Law Exchange

Posted March 10th, 2015 in diversity, equality, judiciary, legal profession, news by tracey

‘In 2009, when asked by the then Lord Chancellor to look at judicial diversity, Baroness Neuberger said: “Judges drawn from a wide range of backgrounds and life experiences will bring varying perspectives to bear on critical legal issues. A judiciary which is more visibly reflective of society will enhance public confidence.” Although it would appear that even 6 years later, not a lot has changed.’

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Halsbury’s Law Exchange, 9th March 2015

Source: www.halsburyslawexchange.co.uk

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Bring in blame-free divorces and rights for cohabitants, says law body – The Guardian

Posted February 23rd, 2015 in children, cohabitation, dispute resolution, divorce, equality, news by sally

‘Blame-free divorces and fairer property rights for cohabiting couples should be introduced as a matter of urgency, a leading family law organisation has urged.’

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The Guardian, 23rd February 2015

Source: www.guardian.co.uk

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Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

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NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

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Landlords shunning foreigners because of their accents, after new rules preventing illegal migrants from renting – The Independent

‘Landlords are preparing to turn away tenants just because they have a foreign accent, as a consequence of new rules making it an offence to let rooms to illegal migrants.’

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The Independent, 15th February 2015

Source: www.independent.co.uk

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Judge rules that Mr Pickles unlawfully discriminated against Gypsies and Travellers – Garden Court Chambers Blog

‘Marc Willers QC explores the recent High Court judgment in which it was found that the conduct of Eric Pickles, the Secretary of State for Communities and Local Government, constituted indirect discrimination against Romany Gypsies and Irish Travellers.’

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Garden Court Chambers, 12th February 2015

Source: www.gclaw.wordpress.com

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‘Bank mistook my sex change for fraud’ – when poor service counts as discrimination – Daily Telegraph

Posted January 27th, 2015 in banking, disabled persons, equality, news, ombudsmen by sally

‘If a firm doesn’t accommodate a customer’s race, religion, disability or sexual orientation they could be ignoring their rights under the Equality Act’

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Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

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Eric Pickles ‘breached’ Green Belt Gypsies’ human rights – BBC News

Posted January 22nd, 2015 in equality, gipsies, human rights, news, planning by sally

‘Communities Secretary Eric Pickles “unlawfully discriminated” against Romany Gypsies wanting pitches in the Green Belt, the High Court has ruled.’

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BBC News, 21st January 2015

Source: www.bbc.co.uk

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Is the Cart-threshold being set too high? – Garden Court Chambers Blog

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

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Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

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