Begum, R (On the Application Of) v London Borough of Tower Hamlets [2025] EWCA Civ 1049 (31 July 2025)

Begum, R (On the Application Of) v London Borough of Tower Hamlets [2025] EWCA Civ 1049 (31 July 2025)

The Court held that the maintenance and operation of the respondent's database (transfer list) for homeless applicants did not amount to a PCP that put women, or women with children, at a particular disadvantage compared to men. The statistical evidence did not establish any disparate impact on women, and there was no causal link between the use of the database and the alleged disadvantage. The respondent was also found to have complied with its public sector equality duty under section 149 of the Equality Act 2010.

Citation
[2025] EWCA Civ 1049
Parties
Claimant/appellant: Anisa Begum; Defendant/respondent: London Borough of Tower Hamlets; Intervener: Shelter
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Indirect Discrimination, Public Sector Equality Duty, Homelessness, Provision of Suitable Accommodation, Judicial Review
Administrative Law Equality Law Housing Law Indirect Discrimination Public Sector Equality Duty Homelessness Provision of Suitable Accommodation Judicial Review

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Parties

Anisa Begum

Claimant/appellant

London Borough of Tower Hamlets

Defendant/respondent

Shelter

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the respondent applied a provision, criterion or practice (PCP) that put women, or women with children, at a particular disadvantage compared to men, contrary to section 19 of the Equality Act 2010
  2. 2 Whether the respondent breached the public sector equality duty under section 149 of the Equality Act 2010

Ratio Decidendi

The Court held that the maintenance and operation of the respondent's database (transfer list) for homeless applicants did not amount to a PCP that put women, or women with children, at a particular disadvantage compared to men. The statistical evidence did not establish any disparate impact on women, and there was no causal link between the use of the database and the alleged disadvantage. The respondent was also found to have complied with its public sector equality duty under section 149 of the Equality Act 2010.

Court Disposition

Appeal dismissed