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

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

The Court of Appeal held that, while the WHPS and MTPS constituted provisions, criteria or practices that resulted in indirect discrimination against protected groups, Ealing's justification for the schemes was sufficient. The Judge below erred in his approach to justification, particularly by relying on other local authority schemes that were materially different and by failing to balance the discriminatory impact against the legitimate aims of the policy. The Court found no breach of Article 14 ECHR in relation to the MTPS and, on the facts, the WHPS was justified. The Court also found that, although there were concerns about compliance with the public sector equality duty, the ongoing...

Parties
Appellant: Ealing London Borough Council; Respondents: The Queen on the application of H and others; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
28 July 2017
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed in part; declarations of discrimination and breach of Children Act 2004 s.11 set aside; declaration of breach of public sector equality duty upheld to a limited extent; order quashing the two Priority Schemes set aside.
Legal Topics
Indirect Discrimination, Public Sector Equality Duty, Housing Allocation Policy, Article 14 ECHR, Article 8 ECHR, Children Act 2004 S.11, Justification of Discriminatory Measures
Equality and Discrimination Law Administrative Law Housing Law Human Rights Law Indirect Discrimination Public Sector Equality Duty Housing Allocation Policy Article 14 ECHR +3 more

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Parties

Ealing London Borough Council

Appellant

The Queen on the application of H and others

Respondents

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Ealing's housing allocation policy (WHPS and MTPS) was unlawfully discriminatory under Equality Act 2010 and Article 14 ECHR
  2. 2 Whether Ealing breached its public sector equality duty under Equality Act 2010 s.149
  3. 3 Whether Ealing breached its duty under Children Act 2004 s.11

Ratio Decidendi

The Court of Appeal held that, while the WHPS and MTPS constituted provisions, criteria or practices that resulted in indirect discrimination against protected groups, Ealing's justification for the schemes was sufficient. The Judge below erred in his approach to justification, particularly by relying on other local authority schemes that were materially different and by failing to balance the discriminatory impact against the legitimate aims of the policy. The Court found no breach of Article 14 ECHR in relation to the MTPS and, on the facts, the WHPS was justified. The Court also found that, although there were concerns about compliance with the public sector equality duty, the ongoing...

Court Disposition

Appeal allowed in part; declarations of discrimination and breach of Children Act 2004 s.11 set aside; declaration of breach of public sector equality duty upheld to a limited extent; order quashing the two Priority Schemes set aside.

Orders

  • Appeal allowed against findings of unjustified indirect discrimination under Equality Act 2010 s.19 and Article 14 ECHR.
  • Appeal allowed against finding of breach of Children Act 2004 s.11.