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, given the late disclosure of Mr Patrick's disability and subsequent formal assessment. Even if there was a breach, it was remedied and would not have led to a materially different outcome. The possession order was a proportionate means of achieving a legitimate aim, balancing Mr Patrick's disability against the impact on neighbours.

Citation
[2019] EWHC 1263 (QB)
Parties
Claimant/respondent: London and Quadrant Housing Trust; Defendant/appellant: Mr Robert Aubrey Patrick
Jurisdiction
England and Wales
Judgment Date
23 May 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Public Sector Equality Duty, Disability Discrimination, Mandatory Possession, Anti Social Behaviour, Proportionality Assessment
Housing Law Discrimination Law Public Law Public Sector Equality Duty Disability Discrimination Mandatory Possession Anti Social Behaviour Proportionality Assessment

Case Brief

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Parties

London and Quadrant Housing Trust

Claimant/respondent

Mr Robert Aubrey Patrick

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Trust breached its Public Sector Equality Duty (PSED) under section 149 Equality Act 2010 when seeking possession against a disabled tenant
  2. 2 Whether any breach of the PSED would have required case management directions rather than summary possession
  3. 3 Whether subsequent compliance with the PSED can remedy any earlier breach

Ratio Decidendi

The Trust complied with its PSED, given the late disclosure of Mr Patrick's disability and subsequent formal assessment. Even if there was a breach, it was remedied and would not have led to a materially different outcome. The possession order was a proportionate means of achieving a legitimate aim, balancing Mr Patrick's disability against the impact on neighbours.

Court Disposition

appeal dismissed

Orders

  • The possession order stands; no further case management directions required.
  • Trust's application to rely on Mr Salmon's witness statement and report granted.