Tom Lumsden, a partner at solicitors CooperBurnett LLP in Tunbridge Wells in Kent, looks at a recent Supreme Court decision that might affect care home providers who offer accommodation to particular groups
In October, the Supreme Court gave what is a truly landmark judgment, in its first ever decision on ‘positive action’, by holding that it was lawful for a housing association - which was also a charity to provide social housing primarily only to Orthodox Jews
This decision is important for care home operators, some of which are charities and, in particular, those whose services are offered in preference to members of a group sharing a ‘protected characteristic’.
Case background
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