Howard, R (on the application of) v The Official Receiver

Howard, R (on the application of) v The Official Receiver

The Official Receiver, in deciding to revoke the Debt Relief Order, was exercising a judicial function within the meaning of paragraph 3 of Schedule 18 to the Equality Act 2010. Accordingly, the public sector equality duty under section 149 did not apply to the decision, and the Claimant's application for judicial review must be dismissed.

Parties
Claimant: Amanda Howard; Defendant: The Official Receiver
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Function, Public Sector Equality Duty, Debt Relief Orders, Disability Discrimination, Statutory Interpretation
Administrative Law Equality and Discrimination Law Insolvency Law Judicial Function Public Sector Equality Duty Debt Relief Orders Disability Discrimination Statutory Interpretation

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Parties

Amanda Howard

Claimant

The Official Receiver

Defendant

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Official Receiver, in revoking a Debt Relief Order, was exercising a judicial function within the meaning of paragraph 3 of Schedule 18 to the Equality Act 2010, thereby excluding the public sector equality duty under section 149.
  2. 2 If not, whether the Official Receiver failed to comply with the public sector equality duty.

Ratio Decidendi

The Official Receiver, in deciding to revoke the Debt Relief Order, was exercising a judicial function within the meaning of paragraph 3 of Schedule 18 to the Equality Act 2010. Accordingly, the public sector equality duty under section 149 did not apply to the decision, and the Claimant's application for judicial review must be dismissed.

Court Disposition

Application for judicial review dismissed