[2025] EWHC 2271 (Admin)

The grounds of challenge

Ground 1 alleges that, without good reason, the Defendant did not follow its “Lift breakdown protocol housing procedure” (“the Policy”).

Ground 2 alleges that the Defendant unlawfully failed to publish the Policy and its “temporary decant procedure” policy.

Ground 3(i) alleges that the Defendant has breached the public sector equality duty provided for by s. 149 of the Equality Act 2010 (“the 2010 Act”), in that the Policy does not provide for an assessment of a disabled person’s housing needs when determining the suitability of decant accommodation.

Ground 3(ii) alleges that the Defendant has breached the public sector equality duty by failing to give “sharp focus” to the Claimant’s disabilities when offering decant accommodation.

Ground 4 alleges that the Defendant unlawfully failed to consider exercising its power under s 19(3) of the Care Act 2014 (“the 2014 Act”).

Ground 5 alleges that the Defendant has discriminated against the Claimant contrary to s 15 of the 2010 Act (discrimination arising from disability), in that it has denied the Claimant the opportunity to have his dogs with him in alternative accommodation.

Ground 6 alleges that the Defendant has indirectly discriminated against the Claimant.