SA AGAINST CITY OF EDINBURGH COUNCIL [2017] ScotSC 8 (07 February 2017)

SA AGAINST CITY OF EDINBURGH COUNCIL [2017] ScotSC 8 (07 February 2017)

The council made significant reasonable adjustments for the pursuer's disability, but further adjustments—such as synchronising inspections and providing written snagging lists—should be considered to avoid a disproportionate outcome. The statutory duty to inspect cannot be waived, but the decision is remitted for reconsideration with these further adjustments.

Citation
[2017] ScotSC 8
Parties
Pursuer: SA; Defender: City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
07 February 2017
Procedural Posture
Summary Application Under Section 159 of the Housing (scotland) Act 2006 / Appeal Against Refusal to Renew HMO Licences
Outcome
Decision remitted to the defender for reconsideration with directions for further reasonable adjustments.
Legal Topics
Houses in Multiple Occupation (hmo) Licensing, Reasonable Adjustments for Disability, Statutory Duties of Local Authorities, Discrimination Based on Disability
Administrative Law Housing Law Disability Law Houses in Multiple Occupation (hmo) Licensing Reasonable Adjustments for Disability Statutory Duties of Local Authorities Discrimination Based on Disability

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Parties

SA

Pursuer

City of Edinburgh Council

Defender

Procedural Posture

Summary Application Under Section 159 of the Housing (scotland) Act 2006 / Appeal Against Refusal to Renew HMO Licences

Legal Issues

  1. 1 Whether the defender made reasonable adjustments for the pursuer's disability in the HMO licence renewal process
  2. 2 Whether refusal to renew HMO licences constituted discrimination due to disability
  3. 3 Whether statutory inspection requirements can be waived or adjusted for disability

Ratio Decidendi

The council made significant reasonable adjustments for the pursuer's disability, but further adjustments—such as synchronising inspections and providing written snagging lists—should be considered to avoid a disproportionate outcome. The statutory duty to inspect cannot be waived, but the decision is remitted for reconsideration with these further adjustments.

Court Disposition

Decision remitted to the defender for reconsideration with directions for further reasonable adjustments.

Orders

  • Remit to City of Edinburgh Council to reconsider HMO licence renewal applications, synchronising inspections and providing written snagging lists, with Mrs A to attend if possible.
  • No award of expenses to or by either party.