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Clare Cullen

R (AB and CD) v Westminster City Council: judicial review concerning indirect discrimination and applicants with medical support animal

Clare Cullen considers a judicial review concerning indirect discrimination and applicants who have a medical support animal. The case is a reminder to local authorities and homeless applicants that judicial review will often be refused if there is an alternative remedy. Also, if a claimant is alleging indirect discrimination under s.19, Equality Act 2010, there needs to be evidence before the court that the requirements  under s.19(2)(a)-(c) are met.

High Court considers how the s.188 interim duty to accommodate comes to an end

Clare Cullen considers R (on the application of Mitchell) v London Borough of Islington. For local authorities, the case shows the importance of ensuring proper notification is given under s.188(1ZA) to bring the s.188 duty to an end in circumstances where the relief duty is owed but an applicant is found not to have a priority need. For those representing homeless applicants, it demonstrates the importance of checking whether proper notification has been given under s.188(1ZA) to end the s.188 duty.