The King (on the application of TX) v Adur District Council

The King (on the application of TX) v Adur District Council

Adur District Council's housing allocation policy, specifically paragraph 3.3.3(d), indirectly discriminates against women fleeing domestic abuse by limiting them to Bands C or D, thereby reducing their likelihood of obtaining social housing. The Defendant failed to justify this discrimination as a proportionate...

Source-derived case information.

Parties
Claimant: TX; Defendant: Adur District Council
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Judicial Review / Final Judgment
Legal Topics
Indirect Discrimination, Housing Allocation, Domestic Abuse, Equality Act 2010, European Convention on Human Rights
Public Law Equality Law Housing Law Indirect Discrimination Housing Allocation Domestic Abuse Equality Act 2010 European Convention on Human Rights

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Parties

TX

Claimant

Adur District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Adur District Council's housing allocation policy indirectly discriminates against women fleeing domestic abuse contrary to section 19 of the Equality Act 2010
  2. 2 Whether the policy violates Article 14 ECHR when read with Article 3 and/or Article 8
  3. 3 Whether the Defendant's policy is justified as a proportionate means of achieving a legitimate aim

Ratio Decidendi

Adur District Council's housing allocation policy, specifically paragraph 3.3.3(d), indirectly discriminates against women fleeing domestic abuse by limiting them to Bands C or D, thereby reducing their likelihood of obtaining social housing. The Defendant failed to justify this discrimination as a proportionate means of achieving a legitimate aim, breaching section 19(2) of the Equality Act 2010.