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.
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.
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.
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.
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.
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.
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.
Highways England signs legally binding agreement to protect staff from sexual harassment (Highways England s23 agreement)
Highways England has signed a legally binding agreement with us after a staff member was awarded £74,000 in compensation for sexual harassment and unfair dismissal.
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.
Paradigm Precision signs legally binding agreement to protect staff from harassment and discrimination (Paradigm Precision Burnley Ltd)
Paradigm Precision Burnley Ltd has entered a legally binding agreement with the Equality and Human Rights Commission (EHRC) following an Employment Tribunal decision that found it had discriminated against one of its employees, Mr Peter Allen.