The award of points and the review decision
The award of points and the review decision
On 20 February 2023, the appellant and his family were awarded 200 points under the respondent’s allocation scheme as they were homeless and living in accommodation provided by the respondent.
On 16 March 2023, the appellant sought a review of the decision to award him 200 points. The reviewing officer considered the submissions made on behalf of the appellant who was contending that he should be awarded reasonable preference on the grounds of health and wellbeing. She took into account the fact that the appellant’s wife had been diagnosed with a number of health conditions. She was satisfied that the decision to award 200 points was correct. This is the decision that is the subject of the claim for judicial review.
- Heading
- 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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