BWB's Emma Dowden-Teale, Senior Associate in our Public & Regulatory department, has been quoted in Third Sector in regards to a recent case where the High Court overturned cuts to short breaks for disabled children due to equality duty failures.
In this case, the High Court has held that a local authority’s decision to cut funding to voluntary sector and other organisations providing short breaks for disabled children was unlawful, as the authority had not properly complied with relevant legal duties, including the public sector equality duty (PSED).
Emma stated, "when the ‘highly likely’ test came into force, there was some concern that it could mean that, even if defendants didn’t think about a decision properly at the time, if they were highly likely to have made the same decision anyway they would effectively be excused. This case demonstrates that that’s not so." She went on to add that this case is "also a warning that public sector equality duty and other legal considerations needed to be considered properly".
Posted on 18/08/2016 in BWB In The MediaBack to Knowledge