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Duty of Enquiry
In R (Brown) v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin), at [85], it was held that s.49A (now s.149) requires the public authority to “have due regard to the need to take steps to gather relevant information in order that it can properly take steps to take into account disabled persons’ disabilities in the context of the particular function under consideration.” This has become known as the duty of enquiry.
Does anyone know the scope or range of the duty of enquiry?
Kanu v Southwark LBC [2014] EWCA Civ 1085 states that s149 EQA 2010 adds nothing to the obligations under Part VII of HA 96.
This is a very disappointing outcome.
Here’s a link to Kanu v Southwark -