Good news!! Excellent for all those who are affected by this threat to independent living.
- Baker & McKenzie
- May 27 2014
The Court of Appeal, in Bracking and others v Secretary of State for Work and Pensions found that the Department of Work and Pensions’ (“DWP”) decision to close the Independent Living Fund was not lawful, overturning the High Court’s decision of April 2013.
This successful judicial review is a useful and interesting demonstration of how strictly the courts will consider whether or not a public body has complied with its Public Sector Equality Duties (“PSED”) imposed by the Equality Act 2010 (“EA 2010”). There must be hard evidence that the decision maker has fully complied with the requirements contained in the legislation, specifically the duties under Section 149 in relation to advancing equality of opportunity for those who share a relevant protected characteristic.
Read the details of this court decision here: http://www.lexology.com/library/detail.aspx?g=fb37d01b-56cf-4a04-8d8c-f9098b2666dd