The Public Sector Equality Duties and the Cuts - Part 2
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- Categories:
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Human Rights & Public Law
Governance & Service Provision
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This two part podcast series aims to examine the public sector equality duties and the cuts. It will look at the key statutes and guidance that surround the duty and also the case law and the rulings that pertain to the duty. It also examines the new law and the general structure of the act.
- Outcomes:
- After completing the course you will:
- Understand that the duty is a duty to have the regard which is appropriate in all circumstances;
- Understand the case law that has discussed budgetary limits;
- Know when an EIA is required;
- Know how the case law has viewed the use of the codes of practice;
- Know what remedies might be available;
- Appreciate the general structure of the new law;
- Know what is contained in Part 11.
- Level:
- Intermediate
- Classification:
-
Legal Principles
Legislative Updates
- Sources and References:
-
- R(JL) v Islington London Borough [2009] EWHC 458;
- R(MS) v Oldham Metropolitan Borough Council [2010] EWHC 802;
- R (British Gurka Welfare Society) v Ministry of Defence [2010] EWHC 3;
- Pieretti v Enfield LBC [2010] EWCA Civ 1104;
- R(Domb) v London Borough of Hammersmith [2009] EWCA Civ 941;
- Odhams Walk Residents' Management Ltd v Westminster City Council [2009] EWHC 1712;
- R(BAPIO) v Secretary of State for the Home Department [2007] EWHC 199;
- R(Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1925;
- R(Elliot) v Electoral Commission [2003] EWHC 395.
In this two part CPDcast series Elisabeth Laing QC, a barrister at 11KBW, discusses the public sector equality duties and the cuts.
In part one she examines why the duty is currently gaining the attention of the media and how the issue fits in with the Equality Act. She analyses the relevant statutes in this context and the key codes of practice and guidance. She then goes on to discuss recent case law as it pertains to the application of the duty, whether the duty is to achieve a particular result, that the duty is non-delegable and continuing, and the relevance of pertinence.
In part two, she continues to examine the case law namely the importance of context and the budgetary limits, whether an EIA is required, the use of the codes of practice and what remedies might be available. She concludes the podcast by looking at the new law.
Podcast last reviewed: 2012-05-28
