Ladd v London Borough of Bromley

Ladd v London Borough of Bromley

The council's policy did not amount to unlawful discrimination under the Disability Discrimination Act 1995. There was no evidence of less favourable treatment or group disadvantage, and the council made reasonable adjustments by offering a home assessment. The District Judge's finding of discrimination was...

Source-derived case information.

Parties
Respondent: Ladd; Applicant: London Borough of Bromley
Jurisdiction
England and Wales
Judgment Date
04 October 2012
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; finding of discrimination set aside
Legal Topics
Disability Discrimination, Reasonable Adjustments, Blue Badge Scheme, Article 8 ECHR, Judicial Review
Disability Law Administrative Law Human Rights Disability Discrimination Reasonable Adjustments Blue Badge Scheme Article 8 ECHR Judicial Review

Source-derived case record

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Parties

Ladd

Respondent

London Borough of Bromley

Applicant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the council's Blue Badge assessment policy amounted to disability discrimination under the Disability Discrimination Act 1995
  2. 2 Whether the council failed to make reasonable adjustments as required by law
  3. 3 Whether the council's actions breached Article 8 ECHR rights

Ratio Decidendi

The council's policy did not amount to unlawful discrimination under the Disability Discrimination Act 1995. There was no evidence of less favourable treatment or group disadvantage, and the council made reasonable adjustments by offering a home assessment. The District Judge's finding of discrimination was unsustainable on the evidence and law.

Court Disposition

Appeal allowed; finding of discrimination set aside

Orders

  • District Judge's finding of discrimination reversed
  • Damages award of £5,000 set aside