Z & Ors, R (On the Application Of) v Hackney London Borough Council & Anor

AIHA's allocation arrangements are lawful under sections 158 and 193 of the Equality Act 2010 as proportionate positive action and charities exception, addressing the specific needs and disadvantages of the Orthodox Jewish community; Hackney's nomination arrangements are lawful as they cooperate with AIHA's lawful scheme; no breach of public law or children's welfare duties is established.

Parties: Claimants: Z and others; First Defendant: Hackney London Borough Council; Second Defendant: Agudas Israel Housing Association
Jurisdiction: England and Wales
Judgment Date: 04 February 2019
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Direct Discrimination, Indirect Discrimination, Positive Action, Charities Exception, Public Law Compliance, Children's Welfare, Judicial Review, Proportionality Analysis

Equality Law Administrative Law Housing Law Charity Law Direct Discrimination Indirect Discrimination Positive Action Charities Exception +4 more

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 14 Party arguments 2 Amounts and remedies 7

Parties

Z and others

Claimants

Hackney London Borough Council

First Defendant

Agudas Israel Housing Association

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether AIHA's allocation arrangements for social housing are lawful under the Equality Act 2010
2 Whether Hackney's nomination arrangements are discriminatory and unlawful
3 Whether Hackney failed to comply with public law principles and section 11 of the Children Act 2004

Ratio Decidendi

Court Disposition

Claim dismissed