Couronne & Ors v Crawley Borough Council & Ors [2006] EWHC 1514 (Admin) (30 June 2006)

Couronne & Ors v Crawley Borough Council & Ors [2006] EWHC 1514 (Admin) (30 June 2006)

The habitual residence test for jobseeker's allowance and homelessness assistance does not constitute unlawful discrimination under the Race Relations Act, Council Directive 2000/43/EC, or the European Convention on Human Rights. Section 41(2) of the Race Relations Act excepts such acts from its ambit, and the Race Directive does not apply to claimants outside the Community legal order. Domestic case law binds the court to reject ECHR arguments regarding non-contributory benefits.

Citation
[2006] EWHC 1514 (Admin)
Parties
Claimants: Marie Jenny Couronne and Others; Claimants: Francis Eddy Bontemps and Others; Defendant: Crawley Borough Council; Defendant: The Secretary of State for Work and Pensions; Defendant: The First Secretary of State; Interested Party: West Sussex County Council; Interested Party: Reigate and Banstead Borough Council
Jurisdiction
England and Wales
Judgment Date
30 June 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Habitual Residence Test, Discrimination, Jobseeker's Allowance, Homelessness Assistance, Race Relations Act, European Convention on Human Rights, Council Directive 2000/43/ec
Administrative Law Human Rights Law Equality Law Social Security Law Habitual Residence Test Discrimination Jobseeker's Allowance Homelessness Assistance +3 more

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Parties

Marie Jenny Couronne and Others

Claimants

Francis Eddy Bontemps and Others

Claimants

Crawley Borough Council

Defendant

The Secretary of State for Work and Pensions

Defendant

The First Secretary of State

Defendant

West Sussex County Council

Interested Party

Reigate and Banstead Borough Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the habitual residence test for jobseeker's allowance and homelessness assistance unlawfully discriminates against Chagossians and other British citizens of non-Irish origin under the Race Relations Act, Council Directive 2000/43/EC, and the European Convention on Human Rights

Ratio Decidendi

The habitual residence test for jobseeker's allowance and homelessness assistance does not constitute unlawful discrimination under the Race Relations Act, Council Directive 2000/43/EC, or the European Convention on Human Rights. Section 41(2) of the Race Relations Act excepts such acts from its ambit, and the Race Directive does not apply to claimants outside the Community legal order. Domestic case law binds the court to reject ECHR arguments regarding non-contributory benefits.

Court Disposition

Claim dismissed