Dan Peters 31 July 2014

Judge: Domestic violence victims unlawfully discriminated against

A council unlawfully discriminated against women fleeing domestic violence in its council tax reduction scheme, the High Court ruled yesterday.

Sandwell MBC had introduced rules that meant residents had to have lived in the borough for two years to be eligible for money off their council tax bill.

But the Equality and Human Rights Commission (EHRC) successfully argued that ‘at no stage had the council obtained any evidence of the effect of its new rules on victims of domestic violence, who would find it more difficult to meet the criteria’.

Finding the council in breach of the public sector equality duty, Mr Justice Hickinbottom said: ‘That duty is important and, had the council been rigorous in satisfying its obligation to have due regard to the relevant characteristics, then, again, it may not have proceeded with the unlawful course that it followed.’

EHRC chief legal officer Rebecca Hilsenrath said: ‘This is an important ruling, which shows that public authorities must comply with equality law when developing policies.

‘The public sector equality duty is there to help public bodies make fair and lawful decisions.’

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