Distance, affordability, suitability – Nearly Legal

Posted August 29th, 2023 in benefits, equality, homelessness, housing, local government, news, statutory duty by sally

‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

Court of Appeal finds council had “due regard” to s149 Equality Act when offering accommodation in Walsall to single mother who had lived in London all her life – Local Government Lawyer

Posted August 25th, 2023 in appeals, children, equality, families, homelessness, housing, local government, London, news by sally

‘The Court of Appeal has dismissed a single mother’s appeal against a decision of a reviewing officer of the London Borough of Waltham Forest, finding that the accommodation offered to her was “reasonable and suitable”.’

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Local Government Lawyer, 24th August 2023

Source: www.localgovernmentlawyer.co.uk

UK failing to protect disabled people, says equalities watchdog – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has warned of the consequences of “continuing inaction” from governments in addressing problems faced by disabled people.’

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Local Government Lawyer, 22nd August 2023

Source: www.localgovernmentlawyer.co.uk

High Court rejects challenge over SEND, transgender needs and Public Sector Equality Duty – Local Government Lawyer

‘The High Court has rejected a claim brought by a transgender young person that the defendant council failed to comply with the Public Sector Equality Duty regarding his needs as a transgender person with an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

South Asian Heritage Month 2023: HHJ Usha Karu shares her story – Courts and Tribunals Judiciary

Posted August 21st, 2023 in barristers, diversity, equality, judges, news by tracey

‘Today marks the end of South Asian Heritage Month, an annual celebration which commemorates South Asian cultures, histories and communities. It began in 2020 and runs from 18 July to 17 August each year. We spoke to HHJ Usha Karu about her background and journey into law.’

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Courts and Tribunals Judiciary , 17th August 2023

Source: www.judiciary.uk

Fordham’s Ten Principles of the Duty of Candour in Judicial Review – Essex CAJI

Posted August 17th, 2023 in disclosure, equality, judicial review, news, police, remuneration by sally

‘The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations of all the facts relevant to the issue under review. The duty of candour is a common law duty. It has been helpfully summarised in several guides, including the Treasury Solicitor Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings (2010), which acts as practical guidance to government departments and lawyers, and the Administrative Court Judicial Review Guide 2022. What will be required of parties to meet their duty of candour is highly context sensitive. Public law litigants must, at each stage of proceedings, be aware of the information and documents which might be relevant. In many judicial reviews, say those that involve a challenge to an administrative decision made against an individual claimant, for which there is a clear and concise paper trail, compliance with the duty of candour will usually be straightforward. Candid disclosure is, however, a thornier task in complex judicial reviews, such as policy or systemic challenges, where there might be extensive and sensitive documents to potentially consider, sometimes stretching across multiple government departments.’

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Essex CAJI, 16th August 2023

Source: essexcaji.org

Research Briefing: Artificial intelligence and employment law – House of Commons Library

‘Employers are increasingly using AI in recruitment and management. This briefing explores the employment law implications and proposals for regulatory reform.’

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House of Commons Library , 11th August 2023

Source: commonslibrary.parliament.uk

What makes a responsible chambers? – Counsel Magazine

Posted August 10th, 2023 in barristers, diversity, environmental protection, equality, news by tracey

‘Know where to start on ESG? Rachel Holmes – CEO of the chambers named “Responsible Business of the Year 2023” – shares its blueprint.’

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Counsel Magazine, August 2023

Source: www.counselmagazine.co.uk

The Case for Caution in Making Social Class a Protected Characteristic under the UK’s Equality Act 2010 – Oxford Human Rights Hub

Posted August 3rd, 2023 in education, employment, equality, news, universities by sally

‘Momentum is growing in the UK to make social class a statutory protected characteristic. The Co-Op, The British Psychological Society, and the Bridge Group, amongst others, have proposed legislative reform to prohibit class discrimination. This may look like an “easy win”, especially for political parties puzzling over their manifestos and wanting to signal tangible action to combat the cost-of-living crisis. Yet there are considerable risks that this legal reform would either achieve little or actually hamper initiatives to combat socio-economic inequality.’

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Oxford Human Rights Hub, 3rd August 2023

Source: ohrh.law.ox.ac.uk

High Court upholds order for possession leaving disabled 62-year-old woman homeless – Local Government Lawyer

Posted August 3rd, 2023 in disabled persons, equality, housing, local government, news, repossession by sally

‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Children’s Commissioner for England asks for views on adding care experience to list of ‘protected characteristics’ – Local Government Lawyer

Posted August 2nd, 2023 in adoption, care homes, children, equality, fostering, local government, news by sally

The Children’s Commissioner for England, Dame Rachel de Souza, is to ask care-experienced people for their views on whether care experience should be a ‘protected characteristic’ under the Equality Act 2010 – “like age, disability or religion currently are”.

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Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Courts finds the PSED does not have extra-territorial effect – Cloisters

‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’

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Cloisters, 14th July 2023

Source: www.cloisters.com

Suitability appeal – don’t ignore evidence of need – Nearly Legal

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

City practice is first law firm to obtain ISO diversity certification – Legal Futures

Posted July 21st, 2023 in diversity, equality, law firms, news by tracey

‘City firm CMS UK has become the first law firm to be awarded the new ISO 30415 diversity and inclusion certification.’

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Legal Futures, 20th July 2023

Source: www.legalfutures.co.uk

Neurodiverse judicial candidate fails in tribunal claim – Law Society’s Gazette

‘A candidate for the bench has lost an employment tribunal claim against the Judicial Appointments Commission (JAC) over reasonable adjustments.’

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Law Society's Gazette, 19th July 2023

Source: www.lawgazette.co.uk

UK Supreme Court limits application of the public sector equality duty overseas – EIN Blog

Posted July 19th, 2023 in appeals, asylum, equality, limitations, news, refugees, Supreme Court by tracey

‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’

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EIN Blog, 18th July 2023

Source: www.ein.org.uk

Supporting pupils with ADHD in school – Local Government Lawyer

‘Laura Martin and Theresa Kerr provide a legal perspective on how pupils with ADHD can be supported in school.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

UK equality watchdog restarts inquiry into bullying claims against chair – The Guardian

‘Britain’s equality watchdog has restarted an investigation into complaints of bullying and harassment made against its chair, Kishwer Falkner.’

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The Guardian, 18th July 2023

Source: www.theguardian.com

Law firms urged to ‘focus on what really works’ to tackle gender inequality – Law Society’s Gazette

Posted July 17th, 2023 in diversity, equality, gender, law firms, news, sex discrimination, statistics, women by tracey

‘Law firms have been urged to focus on what actually works when it comes to tackling gender inequality, after a survey found most female legal professionals believe measures adopted by their organisations to be ineffective.’

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Law Society's Gazette, 14th July 2023

Source: www.lawgazette.co.uk

Ombudsman raps landlord over Equality Act failures, issuing of invalid section 21 notice – Local Government Lawyer

‘The Housing Ombudsman has sharply criticised a landlord for repeatedly failing to have sufficient regard for its obligations under the Equality Act 2010, and told it to review how it issues section 21 notices.’

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Local Government Lawyer, 12th July 2023

Source: www.localgovernmentlawyer.co.uk