Domb & Ors, R (on the application of) v London Borough of Hammersmith and Fulham & Ors [2009] EWCA Civ 941 (08 September 2009)

Domb & Ors, R (on the application of) v London Borough of Hammersmith and Fulham & Ors [2009] EWCA Civ 941 (08 September 2009)

The Council did not breach its statutory equality duties in deciding to introduce charges for home care services. The consultation and equality impact assessment were adequate, and the Council had due regard to the relevant equality objectives. The decision-making process was reasonable in the circumstances, and there was no requirement to revisit prior budgetary decisions or consider every theoretical alternative. No disproportionate adverse impact on protected groups was established.

Citation
[2009] EWCA Civ 941
Parties
Claimant / Appellant: Deborah Domb; Claimant / Appellant: Dulce Sobral; Claimant / Appellant: Moses Bushiwa; Defendant / Respondent: The London Borough of Hammersmith and Fulham; Intervener: The Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
08 September 2009
Procedural Posture
Judicial Review / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Equality Duties, Judicial Review, Public Sector Equality Duty, Local Authority Charging Policies
Public Law Equality Law Administrative Law Local Government Law Disability Discrimination Equality Duties Judicial Review Public Sector Equality Duty +1 more

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Parties

Deborah Domb

Claimant / Appellant

Dulce Sobral

Claimant / Appellant

Moses Bushiwa

Claimant / Appellant

The London Borough of Hammersmith and Fulham

Defendant / Respondent

The Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Council failed to have due regard to its disability, gender, and race equality duties under the relevant statutes when deciding to introduce charges for home care services.
  2. 2 Whether the Council's equality impact assessment and consultation process were adequate to satisfy statutory equality duties.
  3. 3 Whether the Council's decision-making process was unlawfully limited by prior budgetary decisions, excluding broader alternatives.

Ratio Decidendi

The Council did not breach its statutory equality duties in deciding to introduce charges for home care services. The consultation and equality impact assessment were adequate, and the Council had due regard to the relevant equality objectives. The decision-making process was reasonable in the circumstances, and there was no requirement to revisit prior budgetary decisions or consider every theoretical alternative. No disproportionate adverse impact on protected groups was established.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted on adjourned grounds; appeal dismissed; no order to quash the Council's decision to introduce home care charging.