Metropolitan Housing Trust Limited v TM

Metropolitan Housing Trust Limited v TM

Metropolitan breached the PSED by failing to reassess the decision to continue possession proceedings after receiving evidence of TM’s incapacity. The breach was not remedied by Mr Print’s evidence at trial, and it cannot be said it is highly likely the same decision would have been reached had the PSED been properly complied with. The possession order must be set aside and the claim dismissed.

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 From High Court to Court of Appeal
Outcome
Appeal allowed; possession order set aside; claim dismissed
Legal Topics
Possession Proceedings, Public Sector Equality Duty (psed), Disability Discrimination, Judicial Remedies, Procedural Fairness
Housing Law Equality Law Public Law Possession Proceedings Public Sector Equality Duty (psed) Disability Discrimination Judicial Remedies Procedural Fairness

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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 From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Metropolitan breached the Public Sector Equality Duty (PSED) by failing to reassess after new evidence of TM's incapacity
  2. 2 Whether a breach of the PSED can be remedied by later compliance, including in the witness box
  3. 3 Whether the possession order should stand despite the breach of the PSED

Ratio Decidendi

Metropolitan breached the PSED by failing to reassess the decision to continue possession proceedings after receiving evidence of TM’s incapacity. The breach was not remedied by Mr Print’s evidence at trial, and it cannot be said it is highly likely the same decision would have been reached had the PSED been properly complied with. The possession order must be set aside and the claim dismissed.

Court Disposition

Appeal allowed; possession order set aside; claim dismissed

Orders

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