A severely disabled man had his care package cut by the local council. It meant that he would lose a team of carers who had been supporting him to live independently for 20 years. We intervened to support his legal challenge that the decision broke equality and human rights laws and breached the UN Convention on the Rights of Persons with Disabilities.
Protecting the right of disabled people to stay in their own home (1) (EHRC v 13 Clinical Commissioning Groups)
NHS Clinical Commissioning Groups (CCGs) are responsible for planning and commissioning healthcare in their local areas. A number of CCGs had policies which limited spending on continuing healthcare. It meant that disabled people with ongoing health needs risked being moved from their homes into residential care against their wishes. We believe this breaches human rights laws and began legal proceedings against the 13 CCGs with the most overly restrictive policies.
Immigration status and the right to rent a property (R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department)
As part of the Home Office’s ‘hostile environment’ towards those without leave to remain in the UK, the Immigration Act 2014 prevents landlords from renting property to people who do not have leave to enter or remain in the UK. A body representing the interests of immigrants challenged this, arguing that the law breached both equality and human rights legislation because it causes landlords to discriminate against potential tenants on the grounds of their nationality and/or their race. This may happen, for example, because landlords think they do not look or sound British, even if they are not disqualified from renting.
NHS regulations require most non-EU citizens to pay up to 150 percent of the cost of healthcare treatment. A man who was being treated for cancer challenged this in the courts, arguing that the regulations did not comply with equality laws.
Immigration: children who are eligible for leave to remain whose parents have been convicted of a crime (KO (Nigeria) & Ors v Secretary of State for the Home Department)
Home Office policy says that children who are eligible to apply for leave to remain but whose parents are ‘foreign criminals’ must either be deported with the parent or remain in the UK without them. We are concerned that this breaches the child’s right to family life, and we intervened in a case seeking to challenge the Home Office policy.
Hillingdon Council’s housing rules said that a person must have lived in the area for at least ten years before they could apply for a house. The council refused two people, a refugee who had been given permission to stay in the UK and an Irish Traveller, on these grounds. We saw this as discriminatory and we intervened in their cases in the Administrative Court and the Court of Appeal.
Bedroom tax: under what circumstances is a spare room justifiable? (R (Daly and others) (formerly known as MA and others) v Secretary of State for Work and Pensions)
Housing benefit regulations reduce the amount of benefit available to people who have a spare bedroom. Seven people who had lost some of their benefit challenged the Department for Work and Pensions in the Supreme Court.
Protecting unaccompanied young asylum seekers whose age is disputed (R (S) v London Borough of Croydon & Anor)
An unaccompanied young person arrived in the UK seeking asylum. He claimed he was under 18. His local council placed him in adult accommodation and refused to provide child-appropriate services until an age assessment had taken place. He challenged their decision, arguing that it breached his human rights.
Self-employment: protecting the equality rights of self-employed people (Pimlico Plumbers and another v Smith )
We know that some companies have people working for them who are technically self-employed.
This meant that thousands of workers did not enjoy some of the employment rights and protections that employees do.
We supported a man who had worked on a self-employed basis for the same firm for six years.
When the firm refused to make adjustments to his work after a heart attack, he successfully took his disability discrimination case to the Employment Tribunal.
The firm appealed, arguing that the man was not protected by the Equality Act 2010.
A woman who came to the UK as a migrant domestic worker was abused and exploited by her employer. She successfully brought several claims against the employer, but her claim for race discrimination did not succeed. We supported her to challenge this in the Supreme Court.