Barnsley Metropolitan Borough Council v Norton & Ors

Barnsley Metropolitan Borough Council v Norton & Ors

The Council breached its duty under section 49A(1)(d) of the Disability Discrimination Act 1995 by failing to have due regard to Samantha Norton's disability before commencing possession proceedings, but this breach did not warrant setting aside the possession order as the Council could remedy the breach by proper consideration at a later stage and Sam's accommodation needs would be addressed under the Housing Act 1996.

Parties
Claimant/respondent: Barnsley Metropolitan Borough Council; Defendant/appellant: Darren Norton; Defendant/appellant: Louise Norton; Defendant/appellant: Samantha Norton
Jurisdiction
England and Wales
Judgment Date
21 July 2011
Procedural Posture
Civil Appeal / Appeal From County Court Order for Possession
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Security of Tenure, Possession Proceedings, Public Authority Duties, Article 8 ECHR
Public Law Disability Law Housing Law Human Rights Disability Discrimination Security of Tenure Possession Proceedings Public Authority Duties +1 more

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Parties

Barnsley Metropolitan Borough Council

Claimant/respondent

Darren Norton

Defendant/appellant

Louise Norton

Defendant/appellant

Samantha Norton

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Order for Possession

Legal Issues

  1. 1 Whether the Council breached its duty under section 49A of the Disability Discrimination Act 1995 when seeking possession
  2. 2 Whether the order for possession was disproportionate under Article 8 of the European Convention on Human Rights

Ratio Decidendi

The Council breached its duty under section 49A(1)(d) of the Disability Discrimination Act 1995 by failing to have due regard to Samantha Norton's disability before commencing possession proceedings, but this breach did not warrant setting aside the possession order as the Council could remedy the breach by proper consideration at a later stage and Sam's accommodation needs would be addressed under the Housing Act 1996.

Court Disposition

Appeal dismissed

Orders

  • Possession order upheld
  • Council must properly consider and address Samantha Norton's accommodation needs under the Housing Act 1996 and Equality Act 2010