Equalities on the 14th floor

Chatokai v Salford City Council. Manchester Civil Justice Centre, 11 April 2017 (Not reported elsewhere) This was a s.204 Housing Act 1996 appeal of Salford’s review decision that Mr C was not homeless. The central issue was whether Salford’s review officer had adequately addressed her public sector equality duty under s.149 Equality Act 2010. Brief […]

Discretionary Housing Payments and long term awards

R (on the application of Halvai) v Hammersmith and Fulham LBC (2017) QBD (Admin) (Sara Cockerill QC) 09/03/2017 (Only on lawtel as an extempore judgment, as far as I can see) (Copy of the full judgment now here) This was a judicial review of H&F’s refusal of Discretionary Housing Payments to Ms H. Ms H […]

Suitability and PSED

London Borough of Hackney v Haque [2017] EWCA Civ 4 In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty). Hackney had accepted a full housing duty to Mr Haque […]

Known unknowns – Considering disability in homelessness

Birmingham City Council v Wilson [2016] EWCA Civ 1137 In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act […]

A non-binary outcome

This is a cautionary tale for DJs and DDJs hearing Equality Act defences.  In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Baili yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence […]

Vulnerability, ‘significantly’ and equality duties

S Butt v London Borough of Hackney. County Court at Central London. 22 February 2016 (PDF of judgment) This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. (Others are here and here). In […]

The (absence of) reasons in Redcar

You may well have seen or heard press stories on a First Tier tribunal bedroom tax appeal decision in Redcar and Cleveland. There has been a lot of excitable comment about it representing a ‘landmark appeal‘ and ‘hope for 440,000 disabled’. Even the tenant’s landlord, who supported her, described it as ‘fantastic news’ which “which […]

Possession and disability: The reach of ss 49A DDA & 149 EA

In Barnsley MBC v Norton [2011] EWCA Civ 834, the Court of Appeal considered the application of section 49A(1)(d), Disability Discrimination Act 1995,  to the decision of Barnsley to seek and obtain a possession order against Mr Norton and his family. Section 49A(1)(d) reads as follows: (1) Every public authority shall in carrying out its […]

A limited enjoyment?

Beedles v Guinness Northern Counties Ltd [2011] EWCA Civ 442 This was the appeal of the first instance decision in Mr Beedle’s claim under the Disability Discrimination Act 1995, Section 24C. We reported that case here. As we noted in that report, this is of significance for the Equality Act 2010 as the relevant provisions […]

Homelessness – ‘due regard’ to disability

Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 This is an odd case, in lots of ways, but what is decided in this appeal to the Court of Appeal is potentially of broader significance and certainly useful as clarification. The issue was whether, and if so to what extent, the duty on local […]