Ground G-A12

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G-A12

Reasonable Adjustments Denied (0/12)

LOCKED HIGH Priority

HIGH PRIORITY

9/10

Probability

7/10

Impact

Priority Score

100% refusal rate. Statistical impossibility of fairness.

12 reasonable adjustment requests across all courts; 0 granted. 100% refusal rate. No evidence of any PD 1A consideration at any hearing. Rolls Building disability framework conceived around physical access only; neurodivergent conditions invisible.

Principal Authority

EA 2010 s.20; PD 1A; Rackham v NHS [2022] EWHC 2389; ETBB May 2025, pp.258-264

Supporting Evidence

Authorities (4)

Exhibits (2)

CA-MED-002 Dr Woolley Report (26 Apr 2024)
CA-MED-001 Crisis Team Letter ASD (24 Mar 2025)

Counter-Arguments & Rebuttals (2)

What the opponent will argue, and why they are wrong.

Court · LOW Risk

They will argue

Adjustments were offered but applicant did not engage.

Rebuttal

12 formal requests documented. 0 granted. Not a single adjustment implemented. HMCTS's own records (RA Ref 67862925) show allocation but no implementation. Recorder Cohen: 'had you had counsel maybe you would have won'. ADMISSION the system failed. Rackham v NHS: automatic RA failure = procedural unfairness.

Authorities: AUTH-CASE-029; AUTH-CASE-008

Rebuttal Confidence 9/10

Defendant · LOW Risk

They will argue

The applicant managed to file documents and attend hearings, suggesting adjustments were not needed.

Rebuttal

Ability to attend does not mean adjustments are unnecessary. ETBB May 2025 pp.258-264: ADHD requires specific adjustments (extended time, structured communications, written agendas). Cam v Turkey: Article 14 ECHR engaged. The question is not whether a disabled person can struggle through, but whether the system provided equal access.

Authorities: AUTH-CASE-032; AUTH-CASE-029

Rebuttal Confidence 9/10

Evidence Chain (2 proof trails)

EC-009 OVERWHELMING (10/10)

12 RA requests, 0 granted (100% refusal rate)

Primary Evidence

CHE-RA-001 (RA Requests Log) + JR-DOC-004 (Schedule of 12 RA Requests) LOG CONCLUSIVE

Logged and scheduled. 12 requests across 6 courts, 7 judges. 0 granted.

Corroborating Evidence (7)

LRP-DEF-002 (Defence para 17.4) ADMISSION CONCLUSIVE
F-COHEN-REMARK ('had you had counsel maybe you would have won') JUDICIAL_ADMISSION CONCLUSIVE
MDE-MED-002 (Dr Woolley Report) EXPERT STRONG
FACT-EQUALITY-002 (ADHD diagnosis 06.11.2024) MEDICAL CONCLUSIVE
FACT-EQUALITY-003 (ASD diagnosis 24.03.2025) MEDICAL CONCLUSIVE
HMRC-COR-001 (HMRC declining RA) INSTITUTIONAL_RECORD STRONG
HMRC-COR-002 (Letter to HMRC RA request) CORRESPONDENCE STRONG

Overall Strength: OVERWHELMING

EC-019 OVERWHELMING (10/10)

Defence admits 'no adjustments were made' (EA 2010 s.20 breach)

Primary Evidence

LRP-DEF-002 (Defence para 17.4) ADMISSION CONCLUSIVE

Formal admission binding under CPR 14: 'It is admitted that adjustments were not made for him.'

Corroborating Evidence (4)

LRP-DEF-003 (Defence para 20.3) ADMISSION CONCLUSIVE
F-ADMISSION-POSTPARTUM (Defence para 10.7.2) ADMISSION STRONG
FACT-EQUALITY-001 (12 requests, 0 granted) CORROBORATION CONCLUSIVE
MDE-MED-002 (Dr Woolley Report) EXPERT STRONG

Overall Strength: OVERWHELMING

Ground Dependencies

If This Ground Succeeds

AR-8
AR-15
100% RA refusal rate found unlawful. All hearings conducted without adjustments are vitiated. Systemic remedy ordered.

If This Ground Fails

G-A11
G-A13
JR-19
Court finds adjustments were not required or were offered (contradicts evidence). Broader EA 2010 discrimination (G-A11) and JR-19 still available.

Fallback: EA 2010 s.15 discrimination arising from disability does not require RA failure. G-A11 stands independently.

Independence: Partially dependent on other grounds succeeding.

Where This Appears

Case Assignment

InsolvencyPersonalLRP/VistaChelsea

Linked Facts (4)

FACT-006 FACT-007 FACT-EQUALITY-001 FACT-EQUALITY-002

Linked Exhibits (2)

MDE-MED-002 MDE-MED-001

Linked Authorities (4)

Equality Act 2010 s.20 Galo v Bombardier [2016] NICA 25 Rackham v NHS Resolution [2022] EWHC 2389 (KB) Practice Direction 1A

Admin Notice Parts: V, IX · Relief: H, I · Legacy IDs: G4 · All Grounds · Relief Sought · Argument Map