Metropolitan Housing Trust Ltd v TM [2021] EWCA Civ 1890 (20 December 2021)

Metropolitan Housing Trust Ltd v TM [2021] EWCA Civ 1890 (20 December 2021)

Metropolitan breached the PSED by failing to reassess its decision to continue possession proceedings after receiving evidence of TM's incapacity. This breach was not remedied by Mr Print's evidence at trial, as it did not constitute a substantive, rigorous, and open-minded reassessment. The possession order, obtained in breach of the PSED, could not stand.

Citation
[2021] EWCA Civ 1890
Parties
Claimant/respondent: Metropolitan Housing Trust Limited; Defendant/appellant: TM (a protected party, by his litigation friend DM)
Jurisdiction
England and Wales
Judgment Date
20 December 2021
Procedural Posture
Civil Appeal / Second Appeal to the Court of Appeal From the High Court (queen's Bench Division)
Outcome
Appeal allowed; possession order set aside; claim for possession dismissed.
Legal Topics
Possession Proceedings, Public Sector Equality Duty (psed), Disability Discrimination, Judicial Review Remedies, Proportionality, Ground 14 Housing Act 1988
Housing Law Equality Law Public Law Possession Proceedings Public Sector Equality Duty (psed) Disability Discrimination Judicial Review Remedies Proportionality +1 more

Case Brief

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Parties

Metropolitan Housing Trust Limited

Claimant/respondent

TM (a protected party, by his litigation friend DM)

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal to the Court of Appeal From the High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether Metropolitan breached the Public Sector Equality Duty (PSED) under s.149 Equality Act 2010 by failing to reassess after receiving evidence of TM's incapacity
  2. 2 Whether a breach of the PSED can be remedied by belated compliance, including in the witness box
  3. 3 Whether the possession order should stand in light of the breach of the PSED and the evidence that the decision would have been different if the PSED had been complied with

Ratio Decidendi

Metropolitan breached the PSED by failing to reassess its decision to continue possession proceedings after receiving evidence of TM's incapacity. This breach was not remedied by Mr Print's evidence at trial, as it did not constitute a substantive, rigorous, and open-minded reassessment. The possession order, obtained in breach of the PSED, could not stand.

Court Disposition

Appeal allowed; possession order set aside; claim for possession dismissed.

Orders

  • The appeal is allowed.
  • The order of Recorder Hodge Malek QC dated 13 September 2019, and the order of Johnson J dated 31 January 2020, are set aside.