RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin) This was a judicial review challenge to LB Enfield's allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who...
Council managing its premises is not providing a service for Equality Act 2010 purposes.
FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin) This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC's failure to make physical adaptations to a flat occupied by...
Suitability, disability discrimination and dogs – temporary accommodation
AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin) This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster's policy of sourcing temporary...
ASB and disqualification from the housing register
Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin) A judicial review of Eastbourne's allocation policy and of Eastbourne's decision to exclude Ms Willott from joining the housing register on grounds of 'serious anti...
‘The present proceedings should never have been brought.’ ASB and disability discrimination.
Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC) Our grateful thanks to Marie Paris of Doughty Street Chambers for the following note of this County Court judgment. Applications for injunctions under Part 1 of ASBCPA 2014 seem to...
How to Rent and Easy Read – updates and issues.
Ah, the How to Rent Guide. Is there anything that would so predictably cause problems and yet has been so frequently messed up by MHCLG? The latest instalment of the saga goes like this. On 21 July 2021, MHLCG updated the 'How to Rent Guide' page. But...
Forthcoming… ‘No DSS’ judgment and no evictions over christmas
A couple of bits to be filled out later on. Item 1. Shelter and Tessa Buchanan of Garden Court acted for a disabled applicant tenant, Stephen Tyler, in a 'No DSS' discrimination claim against letting agents Paul Carr. The claim went to full trial at...
Discrimination and ‘No DSS’
As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a 'No DSS' policy (meaning a refusal to even consider people claiming housing related benefits - who are often employed...
Not signed, not sealed, not delivered
Ratcliffe & Ratcliffe v Patterson & Porter. County Court at Luton, 17 March 2020 (Unreported elsewhere, we've seen an unofficial note of judgment. Grateful thanks to Clare Cullen of Field Court Chambers) A first instance county court judgment on a...
Tribunals and human rights
RR v Secretary of State for Work and Pensions (2019) UKSC 52 The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant's human rights has...
Equality and Homeless Appeals
Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405 We first saw this case as a county court appeal (our note here) where the central issue was whether Equality Act 2010 issues could be raised and decided within a section 204 Housing Act 1996...
Possession and the PSED
In Powell v Dacorum BC (2019) EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd (2019) EWHC 24 (QB), the question of the effect of the public sector equality duty under s. 149, Equality Act 2010, on possession proceedings where there had been drugs...