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England

Equality Act and the interests of children in homelessness decision making

Develop your understanding of the Equality Act, how it applies to local authority homeless decisions, and the duty to regard the interests of children.

Course summary

This course explores the Equality Act, particularly the public sector equality duty and how it applies to local authorities.

Homelessness decision makers must consider the duty at various stages, from the initial assessment and personalised housing plans, to decisions about suitability. Failure to comply with the Equality Act frequently features in homelessness appeals, leading to successful legal challenges.

You’ll explore how local authorities must consider the interests of children under s11 of the Children Act and how this duty impacts lawful decision making. Decisions on the suitability of offers of accommodation and out-of-area placements are covered.

The course contains case law examples, case studies and key court decisions.

Course information

Level: Intermediate and Advanced (Level 4)

Live webinar

  • Available for: Groups
  • Duration: Half day
  • CPD points: 3

Group bookings

You can book this course for groups.

Contact us about group bookings

What this course covers

This course includes:

  • the definition of protected characteristics and a disability under the Equality Act

  • the public sector equality duty under s.149 of the Equality Act

  • how disability must be considered at the assessment, prevention and relief stages

  • how the Equality Act impacts decisions, including when to evict from interim accommodation, vulnerability, intentionality and suitability

  • the discretionary nature of relief

  • other relevant statutory provisions, including the Children Act, the UN Convention on the Rights of the Child and s.31 of the Senior Courts Act

What you'll learn

At the end of this training, you'll be able to understand:

  • how the Equality Act applies at different stages, including assessment, relief and interim accommodation

  • how the courts have dealt with Equality Act challenges in cases involving intentionality, vulnerability and suitability

  • whether a decision maker must make a finding on whether an applicant is disabled or not

  • the difference between domestic law and Article 3 of the UN Convention on the Rights of the Child

  • the importance of record keeping and the judicial attitude to decision letters

You'll also be able to identify:

  • what ‘due regard’ means under the Equality Act

  • when to consider the needs of children and those with protected characteristics

  • the difference between a decision on vulnerability and a decision on disability

  • the strengths and weaknesses of the Equality Act argument in a case

Who this training is for

You should already have a good understanding of homelessness law for this course.

You might be an adviser, solicitor or work for a local authority in housing or homelessness.

Continuing Professional Development

Gain points towards your professional development from the CPD Certification Service with Shelter training and events.

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