The Emergency and Exceptions Panel decision
The Emergency and Exceptions Panel decision
For completeness, I note that the appellant also applied to the respondent for the award of additional points and a direct offer of social housing as he considered that private sector accommodation would not meet his family’s needs. That matter was considered by the emergency and exceptions panel (“the Panel”) who, in their letter dated 12 June 2023, decided that he did not meet the relevant criteria. As part of its consideration of the application, the Panel considered whether the appellant and his family had a high health and wellbeing need as defined in Appendix B to the allocation scheme. The Panel concluded that it was not satisfied that conditions in the temporary accommodation put the appellant’s or ED’s life at risk. The medical evidence did not indicate that the appellant, ED or the children required a wheelchair accessible home. They were not rendered housebound by any medical condition. The Panel concluded, therefore, that the appellant did not satisfy the criteria for having a high health and wellbeing need.
- 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
![CA-2024-002348 - [2025] EWCA Civ 1390](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)