R (on the application of Howard) v Official Receiver [2013] EWHC 1839 (Admin), [2013] All ER (D) 73 (Jul)
Queen’s Bench Division, Administrative Court (Manchester), Stadlen J, 28 June 2013
A decision by the official receiver revoking a debt relief order is one that is made in the exercise of a judicial function, and is therefore not subject to the public sector equality duty in s 149 of the Equality Act 2010.
Ben McCormack (instructed by Oldham Citizens Advice Bureau) for the claimant. Scott Redpath (instructed by the Treasury Solicitor) for the defendant.
In May 2011, the claimant applied for and was granted a debt relief order (DRO). The claimant contended that she was a person with severe and long-standing health problems, which rendered her “disabled” for the purposes of s 6 of and Sch 1 to Equality Act 2010 (EqA 2010). In December 2011, the defendant official receiver decided to revoke the DRO on the ground that the claimant’s declared income would materially exceed the threshold allowed for monthly surplus income. The claimant sought judicial review of that decision.
