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Housing policy breached public sector equality duty

Published:

Re: Ealing London Borough Council v R (H) & Ors [2017] EWCA Civ 1127

The question was whether the housing allocation policy of the defendant council was unlawfully discriminatory, and whether adopting and maintaining two priority schemes was in breach of its public sector equality duty. The Court allowed the appeal against the findings that there was unjustified indirect discrimination under the Equality Act, s 19. However, the declaration of a breach of the public sector equality duty was upheld due to the absence of due regard to the need to advance equality of opportunity, rather than solely to eliminate discrimination.

Dan Squires QC was involved in this case.