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Housing law [2025] SCHAM 59

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil)

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil) [2025] SCHAM 59 (10 June 2025)

The sheriff granted South Lanarkshire Council decree for recovery of possession against a tenant convicted of a serious drug offence, holding eviction proportionate under Article 8.

  • Eviction
  • Streamlined eviction procedure
  • Public sector equality duty
  • Proportionality
  • Article 8 echr
  • Reasonable adjustments
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Freedom of information [2024] ScotIC 077_2024

Chief Constable of the Police Service of Scotland (Reasonable adjustments budget and resourcing within Equality and Diversity Team - failure to respond)

Chief Constable of the Police Service of Scotland (Reasonable adjustments budget and resourcing within Equality and Diversity Team - failure to respond) [2024] ScotIC 077_2024 (02 May 2024)

The Scottish Information Commissioner held that the Chief Constable of the Police Service of Scotland breached FOISA by failing to respond to an information request on Equality and Diversity Team resourcing.

  • Reasonable adjustments
  • Budget disclosure
  • Resourcing
  • Failure to respond
  • Freedom-of-information
  • Equality-law
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Public law [2024] ScotCS CSOH_44

BB FOR JUDICIAL REVIEW

BB FOR JUDICIAL REVIEW [2024] ScotCS CSOH_44 (19 April 2024)

A judicial review of Glasgow City Council’s social care charging policy failed, except for declarator that the Equality Impact Assessment was inadequate.

  • Equality impact assessment
  • Disability discrimination
  • Charging policy
  • Reasonable adjustments
  • Consultation duty
  • Judicial-review
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Public law [2022] ScotCS CSOH_56

VICTORIA REID FOR JUDICIAL REVIEW

VICTORIA REID FOR JUDICIAL REVIEW [2022] ScotCS CSOH_56 (18 August 2022)

The court dismissed a judicial review of the Scottish Ministers’ “two days” tribunal recruitment policy, holding the ESA objection was based on a misunderstanding of the regulations.

  • Judicial review
  • Public appointments
  • Equality act 2010
  • Employment and support allowance
  • Reasonable adjustments
  • Wednesbury unreasonableness
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Administrative law [2022] ScotCS CSOH_35

X AGAINST GLASGOW CITY COUNCIL

X AGAINST GLASGOW CITY COUNCIL [2022] ScotCS CSOH_35 (27 April 2022)

The Court of Session held that Glasgow City Council had an absolute duty to provide homeless accommodation suitable for the petitioner’s household, including the needs of her disabled son.

  • Homelessness
  • Local authority duties
  • Disability discrimination
  • Reasonable adjustments
  • Public sector equality duty
  • Local-authority-duties
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Education law [2021] ScotCS CSIH_17

MS AGAINST GENERAL TEACHING COUNCIL OF SCOTLAND

MS AGAINST GENERAL TEACHING COUNCIL OF SCOTLAND [2021] ScotCS CSIH_17 (02 March 2021)

The Inner House allowed an appeal against a teacher-registration decision, holding that the panel failed to properly address Asperger’s-related evidence and reasonable adjustments.

  • Fitness to teach
  • Reasonable adjustments
  • Procedural fairness
  • Disability accommodation
  • Standards for registration
  • Fitness-to-teach
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Education law [2018] ScotCS CSIH_20

THE CITY OF EDINBURGH COUNCIL AGAINST R IN RESPECT OF A DECISION OF THE ADDITIONAL SUPPORT NEEDS TRIBUNAL FOR SCOTLAND DATED 7 APRIL 2017

THE CITY OF EDINBURGH COUNCIL AGAINST R IN RESPECT OF A DECISION OF THE ADDITIONAL SUPPORT NEEDS TRIBUNAL FOR SCOTLAND DATED 7 APRIL 2017 [2018] ScotCS CSIH_20 (23 March 2018)

The Inner House refused Edinburgh Council’s appeal, holding that an inadequate co-ordinated support plan for a disabled pupil could amount to discrimination under the Equality Act 2010.

  • Co-ordinated support plan (csp)
  • Reasonable adjustments
  • Disability discrimination under equality act 2010
  • Provision of education
  • Tribunal appeals
  • Disability-discrimination
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Administrative law [2017] ScotSC 32

MUHAMMED AZHAR AGAINST DUNDEE CITY COUNCIL

MUHAMMED AZHAR AGAINST DUNDEE CITY COUNCIL [2017] ScotSC 32 (25 May 2017)

The sheriff upheld a taxi driver’s appeal, finding Dundee City Council failed to properly consider reasonable adjustments under the Equality Act 2010.

  • Reasonable adjustments
  • Public sector equality duty
  • Taxi licensing policy
  • Disability rights
  • Reasonable-adjustments
  • Public-sector-equality-duty
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Education law [2009] ScotSC 34

ES v K School

ES v K School [2009] ScotSC 34 (08 May 2009)

Appeal allowed in a disability discrimination claim against a school exclusion. The court held Section 28B(2) and 28C could support a challenge to exclusion and remitted the case for proof before answer.

  • Reasonable adjustments
  • School exclusion
  • Disability rights
  • Statutory interpretation
  • Burden of proof
  • Code of practice compliance
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Education law [2006] ScotSC 64

Parent A v. East Ayrshire Council

Parent A v. East Ayrshire Council [2006] ScotSC 64 (21 September 2006)

Sheriff Court disability discrimination claim over a school exclusion was dismissed. The court found the child disabled, but held the exclusion was justified.

  • Disability discrimination act 1995
  • School exclusion
  • Reasonable adjustments
  • Knowledge of disability
  • Justification defence
  • Disability-discrimination
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.