When a woman discovered she was pregnant after being offered a job in the police force, the offer was withdrawn. We were concerned this amounted to discrimination and provided the woman with legal assistance to support her case.
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.
Protecting the right of disabled people to stay in their own home (2) (EHRC v a Clinical Commissioning Group)
NHS Clinical Commissioning Groups (CCGs) are responsible for planning and commissioning healthcare in their local areas. This CCG had a policy 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 breached human rights laws and began legal proceedings against the CCG.
Ensuring schools make entrance exams accessible for disabled children (X v Proprietor of Reading School)
A pupil with a vision impairment was unable to sit an entry exam (11+) to a grammar school when the adjustments he needed weren’t made. The successful outcome from this case clarified who is responsible for making reasonable adjustments and improved the accessibility of entrance exams.
After we brought a judicial review against NHS Greater Glasgow and Clyde (NHSGGC) and HC One Oval Ltd, the owner of a chain of care homes, the NHSGGC stopped placing patients in two care homes in Glasgow without legal authority and a legal agreement was reached.
We funded a case challenging the Secretary of State for Justice’s decision to make PAVA spray available in prisons during the coronavirus pandemic, before agreed safeguards were in place. As a result of the action, the use of PAVA will be more tightly controlled and monitored. This should help prevent disproportionate use against prisoners sharing particular protected characteristics and improve scrutiny and accountability.
A disabled man was unable to board a bus because a passenger with a pushchair refused to vacate the wheelchair space. The man successfully brought a claim for discrimination against the bus company. The company appealed twice in the Supreme Court, which is where our involvement began.
Following concerns raised by parents of a two-year-old that a nursery had not made reasonable adjustments for their disabled child, we provided legal assistance so the parents could challenge the nursery's actions.
Helping disabled tenants to make reasonable adjustments to their homes (Andrew Smailes, Stacey Poyner-Smailes and Clewer Court Residents Ltd )
A disabled woman needed to make reasonable adjustments to her home, but because she was renting, they were refused by the landlord. We successfully funded this case to clarify whether a term in the lease prohibiting alterations is contrary to the Equality Act.