Case Law Update: Equality Act 2010
Recently, the Upper Tribunal (UT) in the UK upheld specific regulations under the Equality Act 2010.
The regulations are regarding those individuals who are excluded from the protection of the Equality Act due to the ‘tendency to physical abuse’ based upon a disability that an individual may have.
From this, the UT held that this exclusion is ‘unlawful discrimination’ under Article 14 of the European Convention on Human Rights. This is because the UT stated that specific individuals, such as children, may have disabilities or impairments that may increase their physical aggression towards others.
For instance, it was decided that regarding children with disability, the regulations under the Equality Act 2010 are not applicable, as children with a recognised disability are likely to have a “tendency to physical abuse” as acknowledged in the recent C & C v The Governing Body of a School, The Secretary of State for Education (First Interested Party) and The National Autistic Society (Second Interested Party) (SEN) .
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