Protecting children seeking asylum from being detained based on appearance (BF (Eritrea) v Secretary of State for the Home Department)
A person seeking asylum arrived in the UK at the age of 16. Officials thought he looked over 18 and he was held in immigration detention. He was later found to have told the truth about his age. The Home Office’s own rules say that unaccompanied children should not be detained. The person seeking asylum unsuccessfully challenged this in the First-tier Tribunal (Immigration and Asylum Chamber), and again in the Upper Tribunal. He then appealed the UT’s decision in the Court of Appeal. We intervened in the Court of Appeal to challenge guidance from the Home Secretary which said that people seeking asylum who look over 18 can be treated as adults.
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.
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.
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 group of Irish Travellers were refused service in a pub because of their race. We supported them to bring a successful claim for race discrimination.
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.
Challenging the Home Office’s Removal Notice Window (RNW) policy (R ((1) FB & (2) Medical Justice) v SSHD)
We intervened in a challenge regarding a Home Office policy, which gave people sometimes as little as 72 hours’ notice before they can be deported from the UK without further warning. The policy was ruled to be unlawful by the courts.
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.