SH, R (On the Application Of) v Norfolk County Council & Anor (Rev 1) [2020] EWHC 3436 (Admin) (18 December 2020)

SH, R (On the Application Of) v Norfolk County Council & Anor (Rev 1) [2020] EWHC 3436 (Admin) (18 December 2020)

Norfolk County Council's charging policy, by taking into account all of a severely disabled person's disability benefits while disregarding employment income for others, results in a disproportionate and unjustified adverse impact on severely disabled persons. This constitutes unlawful discrimination under Article 14 ECHR read with Article 1 Protocol 1. The Council failed to justify the differential impact or consider less discriminatory alternatives as required by statutory guidance. The policy is manifestly without reasonable foundation in its discriminatory effect.

Citation
[2020] EWHC 3436 (Admin)
Parties
Claimant: SH (acting through her mother and litigation friend MH); First Defendant: Norfolk County Council; Second Defendant: Secretary of State for Health and Social Care
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed; policy found unlawfully discriminatory
Legal Topics
Disability Discrimination, Local Authority Charging Policies, Article 14 ECHR, Article 1 Protocol 1 ECHR, Equality Act 2010, Care Act 2014, Indirect Discrimination, Minimum Income Guarantee
Public Law Human Rights Law Equality Law Social Security Law Disability Discrimination Local Authority Charging Policies Article 14 ECHR Article 1 Protocol 1 ECHR +4 more

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Parties

SH (acting through her mother and litigation friend MH)

Claimant

Norfolk County Council

First Defendant

Secretary of State for Health and Social Care

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Norfolk County Council's charging policy for care services unlawfully discriminates against severely disabled persons under Article 14 ECHR read with Article 1 Protocol 1 and/or the Equality Act 2010
  2. 2 Whether the policy's disparate impact on severely disabled persons is objectively justified

Ratio Decidendi

Norfolk County Council's charging policy, by taking into account all of a severely disabled person's disability benefits while disregarding employment income for others, results in a disproportionate and unjustified adverse impact on severely disabled persons. This constitutes unlawful discrimination under Article 14 ECHR read with Article 1 Protocol 1. The Council failed to justify the differential impact or consider less discriminatory alternatives as required by statutory guidance. The policy is manifestly without reasonable foundation in its discriminatory effect.

Court Disposition

Claim allowed; policy found unlawfully discriminatory

Orders

  • Order setting aside the First Defendant's decision(s) to charge the Claimant pursuant to the Charging Policy
  • Order requiring the First Defendant to amend and/or withdraw the Charging Policy to remove the discriminatory impact