Helping a woman with mental health conditions access justice (XX v Secretary of State for Work and Pensions)
A woman has mental health issues and claimed Employment and Support Allowance. She was referred to the Work Programme, which involves work-focused interviews and activities designed to improve people’s chances of finding work. She found it difficult to attend these because no adjustments had been made for her mental health impairments. She experienced deterioration in her health as a result of attempting to carry out the mandatory activities. She brought claims for failure to make reasonable adjustments and indirect disability discrimination.
Challenging the ‘two-child limit’ rule (R (on the application of SC and CB and their children) v Secretary of State for Work and Pensions)
The Welfare Reform and Work Act 2016 provides that child tax credit and its replacement universal credit will not be payable to any 3rd or subsequent children in a family born after 6th April 2017 (subject to some exceptions). This is known as the ‘two child rule’.
SC and CB each had a baby after 6th April 2017 and do not receive any tax credits for those children.
The claimant was a medical student with dyslexia. He failed an assessment which was necessary to continue his course but claimed this was because the university did not make reasonable adjustments for him. This would make him a victim of disability discrimination.
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.
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.
Mental health and access to justice: what reasonable adjustments should be made? (Jade Anderson v Turning Point Eepro)
A woman had mental health issues while she in the process of bringing a claim for sex discrimination. Her claim was successful, but she felt that her compensation was insufficient. She took her case to the Employment Appeal Tribunal (EAT), and then to the Court of Appeal. She argued that the Employment Tribunal’s failure to make adjustments for her disability had caused the case to be badly handled, so that she received inadequate compensation. Her appeals to the EAT and to the Court of Appeal were unsuccessful.
Home repossession: what reasonable adjustments should mortgage providers make? (Green v Southern Pacific Mortgage Ltd )
A woman who became unable to work because she was depressed asked her mortgage provider to transfer her from a repayment mortgage to an interest-only plan. This would have reduced her monthly payments sufficiently that her housing benefit would cover it. The mortgage company refused. She challenged their decision, arguing that they had discriminated against her by refusing to make reasonable adjustments on the grounds of her depression.
A woman who was homeless had a range of serious mental health problems applied to the council to be housed. The council determined that she did not have the mental capacity to apply as homeless. She challenged this through the courts. The County Court had said it was bound by the outcome of an earlier case which found that people who lack capacity cannot make homeless applications.
A man with mental health conditions attempted to appeal the outcome of an unsuccessful Employment Tribunal case. He missed the deadline by one hour and his appeal was refused by the Employment Appeal Tribunal (EAT). He took his case to the Court of Appeal, arguing that the EAT had discriminated against him.
Preventing estate agents using ‘No DSS’ policies to discriminate against renters (J v X Estate Agents)
A female disabled renter successfully challenged an estate agent’s ‘No DSS’ policy on grounds it indirectly discriminated against her because of her sex and disability. Women and disabled people are more likely to be in receipt of housing benefit than men and non-disabled people, and as a result of the policy, blocked from renting many properties.