Search Results for: Disability Discrimination Act 1995 49A

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Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010

Failure to provide programme discriminated The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and that the defendant should have made appropriate … Continue reading Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010

Domb and Others, Regina (On the Application of) v London Borough of Hammersmith and Fulham and Another: CA 8 Sep 2009

The applicants sought to challenge a decision by the authority to charge for various home care services provided to the disabled applicants. They alleged that the charges were discriminatory. Held: Officials reporting to or advising Ministers/other public authority decision makers, on matters material to the discharge of the duty, must not merely tell the Minister/decision … Continue reading Domb and Others, Regina (On the Application of) v London Borough of Hammersmith and Fulham and Another: CA 8 Sep 2009

AM, Regina (on The Application of) v The City Council and Another: Admn 2 Mar 2009

The question under section 49A is whether the relevant public body has in substance incorporated the thought processes required. Citations: [2009] EWHC 688 (Admin) Links: Bailii Statutes: Disability Discrimination Act 1995 49A Jurisdiction: England and Wales Cited by: Cited – Gill, Regina (on The Application of) v Secretary of State for Justice Admn 26-Feb-2010 Failure … Continue reading AM, Regina (on The Application of) v The City Council and Another: Admn 2 Mar 2009

Barnsley Metropolitan Borough Council v Norton and Others: CA 21 Jul 2011

Appeal from possession order – house occupied by school caretaker. Maurice Kay VP, Carnwath, Lloyf LJJ [2011] EWCA Civ 834, [2011] Eq LR 1167, [2011] HLR 46, [2011] NPC 79, (2011) 14 CCL Rep 617, [2011] 30 EG 57, [2012] PTSR 56 Bailii Disability Discrimination Act 1995 49A, European Convention on Human Rights 8, Human … Continue reading Barnsley Metropolitan Borough Council v Norton and Others: CA 21 Jul 2011

Barber v London Borough of Croydon: CA 11 Feb 2010

The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council had failed to take account of his disability. Held: The applicable national guidance required the council to … Continue reading Barber v London Borough of Croydon: CA 11 Feb 2010

Pieretti v London Borough of Enfield: CA 12 Oct 2010

The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation … Continue reading Pieretti v London Borough of Enfield: CA 12 Oct 2010

Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

Having ‘due regard’ is not Obligation to do The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the removal of post offices from … Continue reading Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

B, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 27 Jan 2009

The claimant sought judicial review of the defendant’s decision to discontinue a prosecution, saying that the respondent had failed to consider his duties under the 1995 Act. The prosecution had been discontinued for the victim’s mental instability and quality as a witness. Held: The conclusion drawn by the defendant did not follow from the medical … Continue reading B, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 27 Jan 2009

D and S, Regina (on The Application of) v Manchester City Council: Admn 12 Jan 2012

The claimants, two disabled elderly people acted through their sons as litigation friends to challenge the defendant local authority’s budget-setting and consultation processes in relation to adult social care services.Specifically, the claimants contended that:i) The defendant’s decision to reduce its budget for the division which provides adult social care by andpound;17m over the next two … Continue reading D and S, Regina (on The Application of) v Manchester City Council: Admn 12 Jan 2012