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.
This is a very important judgment which also has implications for Gypsies and Travellers who apply for site waiting lists.
See our report on the first instance judgment for Ms Ward and Mr McDonagh here: http://www.communitylawpartnership.co.uk/housing-cases/r-tw-sw-and-em-v-london-borough-of-hillingdon-and-ehrc-intervener-2018-ewhc-1791-admin-13-july-2018
See our report on a similar site allocation case here: http://www.communitylawpartnership.co.uk/news/r-vc-v-north-somerset-council-equality-and-human-rights-commission-intervening-co38012015