Birmingham City Council v Stephenson [2016] EWCA Civ 1029 (27 September 2016)

Birmingham City Council v Stephenson [2016] EWCA Civ 1029 (27 September 2016)

The Deputy District Judge erred in law by failing to consider the structured proportionality assessment required in disability discrimination defences to possession claims, and by treating the choice as binary between eviction and doing nothing, without considering intermediate alternatives or the impact of the defendant's disability. The refusal to adjourn and the summary order for possession were therefore wrong.

Citation
[2016] EWCA Civ 1029
Parties
Claimant/applicant: Birmingham City Council; Defendant/respondent: Valin Stephenson
Jurisdiction
England and Wales
Judgment Date
27 September 2016
Procedural Posture
Appeal / Second Appeal From County Court Possession Order
Outcome
Appeal allowed
Legal Topics
Possession Proceedings, Equality Act 2010, Proportionality, Introductory Tenancies, Mental Health and Housing, Case Management Discretion
Housing Law Disability Discrimination Civil Procedure Possession Proceedings Equality Act 2010 Proportionality Introductory Tenancies Mental Health and Housing +1 more

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Parties

Birmingham City Council

Claimant/applicant

Valin Stephenson

Defendant/respondent

Procedural Posture

Appeal / Second Appeal From County Court Possession Order

Legal Issues

  1. 1 Whether the Deputy District Judge erred in refusing an adjournment and making a possession order without considering proportionality under the Equality Act 2010
  2. 2 Whether the structured approach to proportionality and disability discrimination was properly applied
  3. 3 Whether alternatives to eviction were adequately considered

Ratio Decidendi

The Deputy District Judge erred in law by failing to consider the structured proportionality assessment required in disability discrimination defences to possession claims, and by treating the choice as binary between eviction and doing nothing, without considering intermediate alternatives or the impact of the defendant's disability. The refusal to adjourn and the summary order for possession were therefore wrong.

Court Disposition

Appeal allowed

Orders

  • Possession order set aside
  • Case remitted to the County Court for further directions