Campaigners vow to fight on after challenge to ‘bedroom tax’ is thrown out by High Court – The Independent

“Campaigners have vowed to fight on after a legal attempt to block the Government’s so-called ‘bedroom tax’ was thrown out by the High Court.”

Full story

The Independent, 30th July 2013

Source: www.independent.co.uk

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association – Supreme Court

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association (PDF)

Supreme Court, 10th July 2013

Source: www.supremecourt.gov.uk

Private landlords, disability discrimination and mandatory possession claims – What is the relevance? – Hardwicke Chambers

“Last year Arthur Moore and I ran a seminar in Chancery Lane on the (then) vexed question of to what extent Article 8 and Article 1 of the First Protocol of the European Convention on Human Rights impacted upon private landlords’ possession claims.”

Full story

Hardwicke Chambers, 20th June 2013

Source: www.hardwicke.co.uk

Two win sickness benefit test legal challenge – BBC News

“Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.”

Full story

BBC News, 22nd May 2013

Source: www.bbc.co.uk

Housing benefit changes legal test to begin at High Court – BBC News

“A legal test is set to begin into the government’s decision to cut housing benefit for recipients living in properties that have a spare room.”

Full story

BBC News, 15th May 2013

Source: www.bbc.co.uk

HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) – WLR Daily

HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) (Joined Cases C-335/11 and C-337/11); [2013] WLR (D) 137

“The concept of ‘disability’ in Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation included a condition caused by an illness medically diagnosed as curable or incurable where that illness entailed a limitation which resulted in particular from physical, mental or psychological impairments which in interaction with various barriers might hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and where the limitation was a long term one.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

Disability discrimination and exclusions in Wales – 11 KBW

Posted April 11th, 2013 in disability discrimination, news, school exclusions, Wales by sally

“This paper sets out an overview of exclusions law, focusing in particular on permanent exclusions from maintained schools and disability discrimination claims.”

Full story (PDF)

11 KBW, 3rd April 2013

Source: www.11kbw.com

Room without review: Thoughts on tackling the bedroom tax – NearlyLegal

Posted February 11th, 2013 in benefits, budgets, disability discrimination, housing, local government, news, rent by sally

“With the beginning of the bedroom tax looming up for April and upwards of 700,000 households affected, I’ve been thinking about the position when the inevitable rent arrears possessions start to appear – probably by about October – and also whether the statute itself is open to challenge.”

Full story

NearlyLegal, 10th February 2013

Source: www.nearlylegal.co.uk

Job applicants with schizophrenia facing ‘discrimination’ – The Independent

Posted February 11th, 2013 in disability discrimination, employment, mental health, news by sally

“Tens of thousands of people with schizophrenia are being denied the chance to work because of ‘severe discrimination’, a report has found.”

Full story

The Independent, 11th February 2013

Source: www.independent.co.uk

Commission helps disabled man win compensation for discrimination – Equality and Human Rights Commission

“The Equality and Human Rights Commission (EHRC) has helped a disabled man win £1,500 pounds in an out of court settlement after he was refused access to a nightclub and then taunted by staff.”

Full story

Equality and Human Rights Commission, 6th February 2013

Source: www.equalityhumanrights.com

Met appeal over autism damages ruling – BBC News

“The father of an autistic boy restrained by Metropolitan Police officers after he jumped into a swimming pool has attacked the force for challenging a ruling against them.”

Full story

BBC News, 22nd January 2013

Source: www.bbc.co.uk

Triumph of substance over form – Hardwicke Chambers

“In Pieretti v. LB Enfield [2011] 2 All ER 642 the Court of Appeal held that a local authority in exercising its powers under Part VII Housing Act 1996 (Homelessness) was carrying out a ‘function’ for the purposes of s.49A. It was therefore an obligation on the Local Authority to have ‘due regard’ to the factors set out in the section and, in the case of homelessness, in particular to have ‘due regard’ to ‘the need to take steps to take account of disabled persons’ disabilities’. Moreover, this duty arose irrespective of whether or not the applicant, or their advisers, had raised disability as an issue.”

Full story

Hardwicke Chambers, 30th November 2012

Source: www.hardwicke.co.uk

Council ‘failed to consider differing needs of elderly and dementia patients when setting care home fees’ – Daily Telegraph

“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”

Full story

Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

Tony Nicklinson and the right-to-die debate: the questions that still need answering – Halsbury’s Law Exchange

Posted September 25th, 2012 in assisted suicide, disability discrimination, euthanasia, news by sally

“The ruling in the recent case brought by the late Tony Nicklinson and another man, known only as ‘Martin’, who both had ‘locked-in’ syndrome, before the High Court ([2012] EWHC 2381 (Admin)), has raised many complicated questions about death in our society. The most difficult of these questions has been to what extent it is for an individual to decide that they wish their life to be ended. The particular complexity in this specific case was that, as both men had ‘locked-in’ syndrome, they were physically incapable of committing suicide, even with the assistance of another person (a situation which no longer carries automatic prosecution under guidelines issued recently by the DPP; Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide, February 2010,).”

Full story

Halsbury’s Law Exchange, 24th September 2012

Source: www.halsburyslawexchange.co.uk

Down’s syndrome patient challenges resuscitation order – BBC News

“A man with Down’s syndrome is suing an NHS trust over a hospital’s decision to issue a do-not-resuscitate order giving his disability as one of the reasons.”

Full story

BBC News, 13th September 2012

Source: www.bbc.co.uk

Judge considers judicial review of Work Capability Assessment – The Guardian

“A high court judge is considering whether to grant permission for two people with mental health conditions to apply for a judicial review of the controversial Work Capability Assessment (WCA) – the computer-led test which determines who is eligible for sickness and disability benefits – on the grounds that the current system discriminates against people with mental health problems.”

Full story

The Guardian, 29th June 2012

Source: www.guardian.co.uk

Ready or Not…: Ground 8 and Potential Public Law Defences – Hardwicke Chambers

“It’s a scene which will be familiar to many housing law practitioners: a tenant turns up to a possession hearing, seeks representation from the duty solicitor, seeks to argue that there are issues of disability discrimination and human rights issues which make it necessary for proceedings to be adjourned, detailed directions to be given and a lengthy wait before arguments on the Equality Act 2010 and the Human Rights Act 1998 can be thrashed out in depth at a possession hearing.”

Full story

Hardwicke Chambers, 31st May 2012

Source: www.hardwicke.co.uk

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 21 May (PDF)
Local Government Law Update: 22 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) – WLR Daily

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) [2012] EWCA Civ 629; [2012] WLR (D) 150

“The statutory criteria for calculating housing benefit for tenants in the private rented sector based on an entitlement to a one bedroom rate discriminated against the severely disabled and there was no justification in their case for continuation of the single bedroom rules.”

WLR Daily, 15th May 2012

Source: www.iclr.co.uk

Housing benefit system discriminated against disabled people, rules Court of Appeal – UK Human Rights Blog

Posted May 21st, 2012 in appeals, benefits, disability discrimination, housing, human rights, news by sally

“In the same week that the Secretary of State for Work and Pensions, Iain Duncan-Smith, announced his intention to implement sweeping reforms of the current system of disability benefits, the Court of Appeal has ruled that housing benefit rules were discriminatory against disabled people, in breach of Article 14 read with Article 1 Protocol 1 of the European Convention.”

Full story

UK Human Rights Blog, 19th May 2012

Source: www.ukhumanrightsblog.com