CA-2024-002348 - [2025] EWCA Civ 1390

A service-provider, such as a local housing authority, must not discriminate against a person in the provision of a service or in the exercise of a public function (section 29 of the 2010 Act). Section 19 defines when a service-provider indirectly discriminates against a person. It provides, so far, as material, that:

“(1)

A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

(2)

For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—

(a)

A applies, or would apply, it to persons with whom B does not share the characteristic,

(b)

it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c)

it puts, or would put, B at that disadvantage, and

(d)

A cannot show it to be a proportionate means of achieving a legitimate aim.

(3)

The relevant protected characteristics are—

…

disability;

…."

Section 20 of the 2010 Act also imposes a duty on a public body to make reasonable adjustments in relation to disabled persons. The section provides, so far as material, that:

(1)

Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.

(2)

The duty comprises the following three requirements.

(3)

The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

……”

Section 21 provides that a failure to comply with the first requirement (or the second or third requirements) is a failure to comply with a duty to make reasonable adjustments. Section 21(2) provides that a person “discriminates against a disabled person if [the person] fails to comply with that duty”.

Section 136 of the 2010 Act deals with the burden of proof in proceedings concerning an alleged contravention of a provision of the Act. It provides, so far as material that:

“(2) If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

(3)

But subsection (2) does not apply if A shows that A did not contravene the Act.”

Finally, section 149 of the 2010 Act imposes a duty, referred to as the public sector equality duty, to have due regard to certain specified equality considerations when exercising its functions. Section 149(1) provides that:

“(1)

A public authority must, in the exercise of its functions, have due regard to the need to—

(a)

eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b)

advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c)

foster good relations between persons who share a relevant protected characteristic and persons who do not share it.”