![CA-2024-002348 - [2025] EWCA Civ 1390](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
THE FIFTH ISSUE – SECTION 149 OF THE 2010 ACT
THE FIFTH ISSUE – SECTION 149 OF THE 2010 ACT
The Judge found that the respondent was in breach of a duty imposed by section 149 of the 2010 Act to “monitor and record statistics relating to the allocation of housing to disabled households” (see at [80] of the judgment below). She declined to grant a remedy as the decision in this particular case would not have been different even if it had complied with the duty that the judge said existed.
- 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