© Mike Doherty, Left to right: Brigitta Balogh (pupil barrister); Cllr Richard Bennett (LGT trustee); Christopher Johnson (CLP); Ilinca Diaconsecu (LGT); Marc Willers (Garden Court); Tessa Buchanan (Garden Court); Debby Kennett (LGT); and Tanya Murat (LGT).
Please see the attached Press Release and statement.
Total Attachments: 2
[2019] EWCA Civ 692, 16 April 2019
Ms Ward and Mr McDonagh were Irish Travellers who applied for housing to LB Hillingdon (LBH) and were placed in the lowest band on the waiting list because they had not resided in the borough for 10 years. Mr Gullu was an asylum seeker who was also placed in the lowest band for the same reason. At first instance, Supperstone J held that LBH had indirectly discriminated against Ms Ward and Mr McDonagh but Mostyn J dismissed the calm by Mr Gullu. The Court of Appeal concluded that the 10 year residency requirement amounted to indirect discrimination against all 3 claimants and that LBH had failed to justify that indirect discrimination. However the Court of Appeal did not uphold Supperstone J’s finding that the 10 year residency requirement also amounted to a breach of Children Act 2004 s11.
Introduction
The Community Law Partnership (CLP) is an award winning, progressive firm of solicitors specialising in the law relating to Housing and Public Law. Amongst other things, we provide advice and assistance to homeless people in Birmingham who may include rough sleepers. Some of our clients may have to resort to begging due to being impoverished.
Obviously, nobody condones anti-social behaviour (ASB) but rough sleeping and/or begging do not amount to ASB in themselves. Sufficient methods already exist to deal with ASB such as the Vagrancy Act 1824, the Highways Act 1980 and the Public Order Act 1986. There is a grave danger that any blanket order will catch innocent people who are not guilty of any ASB.
1. The Community Law Partnership (‘CLP’) is a radical, progressive and award-winning SRA Regulated firm of Solicitors specialising in representing clients in the field of Housing, Public, and Community Care Law. Based in Central Birmingham, CLP incorporates the ground-breaking national Travellers Advice Team.
2. CLP has been at the forefront of the development of the areas of law that is specialises in and over the last 20 years has seen cases in the superior courts including the Supreme Court and the European Court of Human Rights.