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12 June 2008
Issue: 7325 / Categories: Case law , Local government , Discrimination , Law digest
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DISABILITY DISCRIMINATION

Gichura v Home Office [2008] All ER (D) 257 (May)

The claimant was a wheelchair user. He was placed in immigration detention. He complained that there had been a failure to make reasonable adjustments in relation to his disability.

HELD Some functions are plainly government-like, such as the administrative handling of a detainee upon arrival, and so are out with the Disability Discrimination Act 1995 (DDA 1995). However, the fact a service is incidental to detention is not enough to exclude that service from the ambit of DDA 1995 if, when performed by an ordinary person, it would be the provision of a service within the meaning of DDA 1995, s 19.

A public duty and a service can be performed at the same time. There is distinction between acts that might be done by a private person, and acts that a private person would never do, with only the latter being government functions. It is inconceivable that Parliament did not intend DDA 1995 to apply in circumstances such as detention in a detention centre, police custody or prison.

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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