R (on app. Of Elias) v SoS for Defence [2006] IRLR 934
Judgement for the case R (on app. Of Elias) v SoS for Defence
Table Of Contents
Secretary of State (SoS) developed a policy on compensation for those imprisoned in HK during WWII which required a birth link to the UK, not just citizenship.
CA held that this was unlawful because SoS never considered that it might be discriminatory on racial grounds, which he had a duty to consider under s.71 RRA.
Arden LJ
It is the clear purpose of [the general duties] to require public bodies ... to give advance consideration to issues of ... discrimination before making any policy decision that may be affected by them.
That is a salutary requirement, and this provision must be seen as an integral and important part of the mechanisms for ensuring the fulfilment of the aims of anti-discrimination legislation. It is not possible to take the view that the Secretary of State's non-compliance with that provision was not a very important matter.
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