H & Ors, R (On the Application Of) v Ealing London Borough Council

H & Ors, R (On the Application Of) v Ealing London Borough Council

The working households element of the scheme amounts to unlawful indirect discrimination against disabled, elderly, and women under the Equality Act 2010, is not justified as the least intrusive measure, and breaches Article 14 ECHR within the ambit of Article 8. The Council failed to discharge its Public Sector Equality Duty and obligations under s11 Children Act 2004.

Parties
Claimant: H and others; Defendant: Ealing London Borough Council
Jurisdiction
England and Wales
Judgment Date
18 April 2016
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed
Legal Topics
Indirect Discrimination, Article 14 ECHR, Public Sector Equality Duty, Children Act 2004, Housing Allocation Policy
Equality Law Human Rights Law Administrative Law Housing Law Indirect Discrimination Article 14 ECHR Public Sector Equality Duty Children Act 2004 +1 more

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Parties

H and others

Claimant

Ealing London Borough Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the housing allocation scheme indirectly discriminates against protected groups under the Equality Act 2010
  2. 2 Whether the scheme breaches Article 14 ECHR within the ambit of Article 8
  3. 3 Whether the Council breached its Public Sector Equality Duty under s149 Equality Act 2010

Ratio Decidendi

The working households element of the scheme amounts to unlawful indirect discrimination against disabled, elderly, and women under the Equality Act 2010, is not justified as the least intrusive measure, and breaches Article 14 ECHR within the ambit of Article 8. The Council failed to discharge its Public Sector Equality Duty and obligations under s11 Children Act 2004.

Court Disposition

Claim allowed

Orders

  • Council must amend the scheme to comply with equality and human rights obligations
  • Further relief to be determined upon handing down of judgment