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 as is evident in the case of MM and DM, however we are still against it when we have a Government that is intent in casting the the law aside to ram though there unjust and draconian policies this is evident in the case below on the Independent Living Fund.
We must all carry on bringing cases to court were needs must as that is the only realistic way to fight back.
- 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