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ON APPEAL FROM THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
ADMINISTRATIVE COURT
HHJ WALDEN-SMITH
SITTING AS A JUDGE OF THE HIGH COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Before:
SIR GEOFFREY VOS,
MASTER OF THE ROLLS
LORD JUSTICE LEWIS
and
LADY JUSTICE WHIPPLE
Between:
THE KING (on the application of RR) | Appellant |
- and - | |
THE LONDON BOROUGH OF ENFIELD | Respondent |
Liz Davies KC and Nick Bano (instructed by Camden Community Law Centre) for the Appellant
Michael Paget (instructed by London Borough of Enfield Legal Services) for the Respondent
Hearing date: 14 October 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 5 November 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- LORD JUSTICE LEWIS
- THE LEGISLATIVE FRAMEWORK
- The 2010 Act
- THE FACTUAL BACKGROUND
- The application for housing assistance under Part VII of the 1996 Act
- The allocation of Part VI accommodation
- The award of points and the review decision
- The Emergency and Exceptions Panel decision
- The Judgment
- THE ISSUES
- THE FIRST ISSUE – IS THE APPEAL ACADEMIC?
- THE SECOND AND THIRD ISSUES – INDIRECT DISCRIMINATION UNDER SECTION 19 OF THE 2010 ACT AND THE ADMISSIBILITY OF EVIDENCE
- Discussion
- The comparison – is there evidence of disproportionate adverse impact?
- Is there a causal connection between the PCP and the particular disadvantage alleged?
- THE FOURTH ISSUE – THE DUTY TO MAKE REASONABLE ADJUSTMENTS
- THE FIFTH ISSUE – SECTION 149 OF THE 2010 ACT
- Submissions
- Discussion
- Conclusions
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