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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

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

Freeths—John Jones

Freeths—John Jones

Freeths strengthens senior leadership team with Chief Technology Officer appointment

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