AC-2025-LDS-000036 - [2025] EWHC 2641 (Admin)

The Claimant’s fourth Ground of challenge is that the Defendant failed to comply with Section 149 of the Equality Act 2010 in respect of the Claimant’s disability. This challenge is now academic in the light of my findings on Ground 1. The consideration of the PSED by the SSHD was inevitably in the context of the application of the incorrect policy. Having said that there was force in Mr Holborn’s submissions that the Claimant’s submissions overstate the requirements when suggesting the SSHD should have called the Claimant in for a medical assessment. Mr Holborn pointed to the Schedule 10 Accommodation application form where the SSHD invites the applicant to tell her about any individual circumstances for the applicant that she should be aware of and includes a list of relevant examples, being pregnancy, physical health problems, learning disabilities, victim of domestic violence, mental health problems and “other”. The information provided there in respect of the Claimant is “Our client is a 69-year-old man with high blood pressure, occasional dizziness and leg swelling” (D196). Mr Holborn reminded me that the PSED duty is to have due regard to eliminating discrimination. Here the SSHD provides an application form allowing information to be given about medical conditions. If such conditions arise, the Secretary of State sends the information to the Home Office medical adviser. Mr Holborn submitted there is no basis for saying that is an irrational approach, and in my judgment there is considerable force in that submission. I make no decision in this respect as I have already indicated that in the light of my finding Grounds 1 and 2 are made out, I take the view this challenge is now academic.