Equality Act 2010 issues in homelessness appeals: Adesotu v Lewisham London Borough Council [2019] EWCA Civ 1405

The Court of Appeal has held that a homeless person cannot raise alleged breaches of the Equality Act 2010 in a homelessness appeal before a county court judge. Notwithstanding the decision in R (CN) v Lewisham LBC; R (ZH) v Newham LBC [2014] UKSC 61, a county court judge on a homelessness appeal cannot make the findings of fact that would be necessary to deal with such claims. The only route by which such claims can be brought is a free-standing claim under s.113, Equality Act 2010. Justin Bates acted for the Equality and Human Rights Commission, which intervened in the appeal. A copy of the judgment may be viewed here.