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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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IS THERE ANY LAW ON THE STATUTE BOOKS THAT PREVENTS,

Resolved Question:

IS THERE ANY LAW ON THE STATUTE BOOKS THAT PREVENTS, PRECLUDES OR BARS ANY PERSON FROM EXERCISING THEIR RIGHTS OF ACTION UNDER THE EQUALITIES ACT 2010?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Could you please explain your situation a little more?
Alex

Customer: replied 11 months ago.
Hi, I am bringing an action under the Equalities Act 2010 for discrimination and would like to know if when using a public service such as the Freedom of Information Act 2000 it can preclude, prevent or bar from bringing an action for discrimination under the Equalities Act 2010 when using that public service?
Expert:  Ash replied 11 months ago.

No it cant per se. But that does not mean if an exclusion applies under the FOI then it does not mean they are discriminating against you. But there are exemptions to the FOI which means they do not have to provide you certain information.

These apply regardless. But no, they cant stop you from bringing a claim under the Equalities Act 2010 if you have been discriminated against using the FOI procedure or otherwise.

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
Hi, could you clarify what you mean by 'exclusion' under the FOI Act? Do you mean if the FOI Act specifies a civil action is excluded from being brought?
Expert:  Ash replied 11 months ago.

There are a list of exemptions here:

https://ico.org.uk/for-organisations/guidance-index/freedom-of-information-and-environmental-information-regulations/

Does that clarify? Alex

Customer: replied 11 months ago.
I think you have clarified the questions I have asked regarding the FOI Act and the right to bring civil action under the Equalities Act 2010. Essentially as you say you can't be prevented from bringing a civil action for discrimination while providing a public service under the FOI Act 2000. However, just one more clarifications, suppose a criminal offence has been committed by the service provider when providing that service, can that preclude, prevent or bar a person civil rights under the Equalities Act 2010?
Expert:  Ash replied 11 months ago.

No it can not. Does that clarify? Alex

Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
you have been most helpful with this legal issue. Thank you.
Expert:  Ash replied 11 months ago.

All the best. Alex

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