AB & Anor, R (on the application of) v Westminster City Council

AB & Anor, R (on the application of) v Westminster City Council

Judicial review is not the appropriate mechanism to challenge the suitability of the Claimants' current accommodation, as statutory review and appeal processes exist. The Defendant's requirement for medical evidence and procurement practices do not constitute unlawful indirect discrimination under the Equality Act 2010, as group disadvantage was not established. The Defendant discharged the Public Sector Equality Duty by considering the Claimants' disabilities in its decision-making. The only conceded breach was the failure to provide suitable accommodation prior to 17 October 2023.

Parties
Claimants: AB & CD; Defendant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Judicial review allowed only to the extent of conceded breach prior to 17 October 2023; otherwise dismissed.
Legal Topics
Homelessness, Disability Discrimination, Public Sector Equality Duty, Suitability of Accommodation, Indirect Discrimination, Policy Review
Administrative Law Housing Law Equality Law Homelessness Disability Discrimination Public Sector Equality Duty Suitability of Accommodation Indirect Discrimination +1 more

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Parties

AB & CD

Claimants

Westminster City Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Defendant breached its statutory duty under Housing Act 1996 s 188(1) and s 193(2) to provide suitable accommodation
  2. 2 Whether the Defendant's policy regarding support animals is indirectly discriminatory under Equality Act 2010 s 19 and s 29
  3. 3 Whether the Defendant breached the Public Sector Equality Duty under Equality Act 2010 s 149

Ratio Decidendi

Judicial review is not the appropriate mechanism to challenge the suitability of the Claimants' current accommodation, as statutory review and appeal processes exist. The Defendant's requirement for medical evidence and procurement practices do not constitute unlawful indirect discrimination under the Equality Act 2010, as group disadvantage was not established. The Defendant discharged the Public Sector Equality Duty by considering the Claimants' disabilities in its decision-making. The only conceded breach was the failure to provide suitable accommodation prior to 17 October 2023.

Court Disposition

Judicial review allowed only to the extent of conceded breach prior to 17 October 2023; otherwise dismissed.

Orders

  • Court will hear submissions on relief for the conceded breach regarding suitability of accommodation prior to 17 October 2023.
  • No mandatory order issued for current accommodation.