-
UPDATE – this article is misleading. It refers to a decision made last year but since overturned by the government.
- read more here
- 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
Benefit tales 
Reblogged this on Vox Political and commented:
Vitally important information for those of us who oppose adverse DWP decisions.
Reblogged this on sdbast.
Reblogged this on stewilko's Blog.
Please check this very carefully – this refers to the original ruling last year (although dated today) – since then in March this year the government have closed ILF a second time, please check this out, I’m worried people will get false hope then see those hopes dashed.
Reblogged this on Gogwit's Blog and commented:
Demonstrating the robustness of the Equality Act 2010; a useful piece of legislation where other law fails to protect.
Reblogged this on Diary of an SAH Stroke Survivor and commented:
That’s another great precedent to add to the others, it appears the judiciary is clamping down on the way this government and DWP abuses the laws put in place to protect its disabled citizens
In what way did the Labour Party enable this to happen – and support those making the case? The labour Party stood back and watched – well done to them – failed to make a noise in parliament and contin uing to fail disabled people everyday
Reblogged this on amnesiaclinic and commented:
Good news!! Excellent for all those who are affected by this threat to independent living.
Fantastic!!!!
x
Reblogged this on Beastrabban’s Weblog and commented:
This is good news, in that it shows that legal campaigns against the government’s vile legislation attacking the disabled can be successful. Unfortunately, this government has shown time and again that, faced with legal decisions against it, it will just try again even harder. This is indeed a government intent on destroying the lives and dignity of the poor and disabled.