Protected Characteristics

April 1st, 2022

In Biden v Waverley BC (2022) EWCA Civ 442 the Court of Appeal is concerned with sufficiency of enquiries made to determine the suitability of accommodation offered to a homeless applicant with protected characteristics of disability and gender reassignment. At para 48 Macur LJ says that the enquiries to be made are those “necessary fairly to make a decision” regarding the suitability of accommodation for the applicant. Subject to this, the “scope and scale” of the necessary inquiries to be made by a local housing authority is a matter for them. The Court should not intervene unless satisfied that no reasonable authority could have been satisfied on the basis of the inquiries made. Asplin and Coulson LJJ agreed.

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