Ben McCormack on Disability Equality Duty (Pieretti)
22/10/2010
In Pieretti v London Borough of Enfield, the court considered whether the Disability Discrimination Act 1995 applies to the discharge of duties, and the exercise of powers, by local housing authorities under the Housing Act 1996. Ben McCormack of GCN was intereviewed for LexisWeb.co.uk (published 22.10.10) about the issues this case raises.
Pieretti v London Borough of Enfield [2010] EWCA Civ1104 (12 October 2010)
> judgment
Extracts from the article as follows:
"...And what are the implications of this judgment for housing law practitioners? What do they need to be aware of when advising clients? [Ben] McCormack advises: “Although the duty under the Disability Discrimination Act 1995, s 49A (and that in the Equality Act 2010, s 149) can on given facts be engaged even without an applicant or their lawyer raising it specifically, it is likely to be sensible for proactive steps to be taken to draw the implications of any disability to the decision maker’s attention.” McCormack adds it is likely the need to take due steps to take account of disabled persons’ disabilities will be most relevant at the stage of assessment of priority need, determination of whether homelessness was intentional, and consideration of suitability of accommodation—though it may too arise at other stages of the application process."
Quick links
> 22.10.10 - Disability Equality Duty Considered by the Court (LexisWeb.co.uk)
