London And Quadrant Housing Trust v Patrick [2019] EWHC 1263 (QB) (23 May 2019)

London And Quadrant Housing Trust v Patrick [2019] EWHC 1263 (QB) (23 May 2019)

The Trust complied with its PSED as the evidence of Mr Patrick's disability was disclosed very late, the Trust considered the disability appropriately once known, and any breach was remedied by a subsequent formal assessment. Even if there had been a breach, it would not have led to a materially different outcome given the facts and the impact on the neighbour.

Citation
[2019] EWHC 1263
Parties
Claimant and Respondent: London and Quadrant Housing Trust; Defendant and Appellant: Mr Robert Aubrey Patrick
Jurisdiction
England and Wales
Judgment Date
23 May 2019
Procedural Posture
Appeal / High Court (queen's Bench Division) Appeal From County Court Possession Order
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Public Sector Equality Duty (psed), Disability Discrimination, Mandatory Grounds for Possession, Proportionality Assessment
Housing Law Equality and Discrimination Law Public Law Possession Proceedings Public Sector Equality Duty (psed) Disability Discrimination Mandatory Grounds for Possession Proportionality Assessment

Case Brief

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Parties

London and Quadrant Housing Trust

Claimant and Respondent

Mr Robert Aubrey Patrick

Defendant and Appellant

Procedural Posture

Appeal / High Court (queen's Bench Division) Appeal From County Court Possession Order

Legal Issues

  1. 1 Whether the Trust complied with its Public Sector Equality Duty (PSED) under section 149 of the Equality Act 2010 when seeking possession against a disabled tenant
  2. 2 Whether a breach of the PSED, if any, was material to the outcome of the possession proceedings

Ratio Decidendi

The Trust complied with its PSED as the evidence of Mr Patrick's disability was disclosed very late, the Trust considered the disability appropriately once known, and any breach was remedied by a subsequent formal assessment. Even if there had been a breach, it would not have led to a materially different outcome given the facts and the impact on the neighbour.

Court Disposition

Appeal dismissed

Orders

  • Possession order against Mr Patrick affirmed
  • No further case management directions required