London And Quadrant Housing Trust v Patrick

London And Quadrant Housing Trust v Patrick

The Trust did not breach its Public Sector Equality Duty in seeking possession because it only became aware of Mr Patrick’s disability upon late disclosure, considered the disability when it became apparent, and subsequently conducted a formal assessment. Even if there had been a breach, it was remedied by later compliance and would not have led to a different outcome. Therefore, the possession order stands.

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 / Judgment on Appeal From Order for Possession
Outcome
Appeal dismissed
Legal Topics
Public Sector Equality Duty, Disability Discrimination, Possession Proceedings, Mandatory Grounds for Possession, Proportionality, Remedies for Breach of Statutory Duty
Housing Law Equality and Discrimination Law Public Law Public Sector Equality Duty Disability Discrimination Possession Proceedings Mandatory Grounds for Possession Proportionality +1 more

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Parties

London and Quadrant Housing Trust

Claimant and Respondent

Mr Robert Aubrey Patrick

Defendant and Appellant

Procedural Posture

Appeal / Judgment on Appeal From Order for Possession

Legal Issues

  1. 1 Whether the Trust breached its Public Sector Equality Duty (PSED) under section 149 of the Equality Act 2010 in seeking possession against a disabled tenant
  2. 2 Whether a breach of the PSED, if established, would render the possession order invalid or require further case management directions

Ratio Decidendi

The Trust did not breach its Public Sector Equality Duty in seeking possession because it only became aware of Mr Patrick’s disability upon late disclosure, considered the disability when it became apparent, and subsequently conducted a formal assessment. Even if there had been a breach, it was remedied by later compliance and would not have led to a different outcome. Therefore, the possession order stands.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order for possession stands.