Whether discrimination in charging

January 12th, 2023 by James Goudie KC

In McCue’s Guardian v Glasgow City Council ((2023) UKSC 1 the Supreme Court held that the Council, in assessing the charge to be levied on a person in receipt of community services had not discriminated against the person by reason of his disability by refusing to allow deduction of certain items of expenditure, which he classed as disability related expenditure, when assessing his available means. The Supreme Court addressed unfavourable treatment, Section 15 of the Equality Act 2010, and Section 20 of  the Equality Act, reasonable adjustments. The appeal was concerned with the effect of the Equality Act in relation to the provision of community case services to disabled persons and the providing local authority’s entitlement to charge for those services. Lord Sales considered Section 15 at paras 54-63 inc and Section 20 at paras 64-76 inc.

Comments are closed.