AC-2025-LON-002122 - [2025] EWHC 2013 (Admin)

Ground 7 alleges a breach of the public sector equality duty in s. 149 of the Equality Act 2010. Since the interim relief judgment, the Home Secretary has disclosed the relevant decision documents. In the skeleton argument for permission, the claimant identifies two impacts which she says are not considered in the Community Impact Assessment or other decision documents: (i) a failure to have regard to the likely impact of the proscription on the Palestinian community (as distinct from the Muslim community more generally) and (ii) a failure to address the obvious discrimination and equality of opportunity impacts of proscription.

I do not consider that there is anything in this point.

As to the suggestion that the proscription is “prima facie discriminatory against persons… having a political opinion aligned with Palestinian cause and/or opposed to Israel’s current conduct in Gaza” (Amended Statement of Facts and Grounds, para. 87D), the effect on groups with these beliefs was specifically identified and addressed in the Community Impact Assessment.

The Community Impact Assessment, together with other decision documents, drew attention to the likely effects on the Muslim community and “a range of smaller communities in the UK”. I do not consider it can be reasonably argued that the decision documents were deficient for failing to identify specific effects on the Palestinian community, given that the effects on those who support the Palestinian cause (a more precise description of the group affected) was specifically considered.

In my view, ground 7 is not reasonably arguable.