An appeal found there had been no breach of the public sector equality duty (PSED) or discrimination against a disabled tenant
In Reading Borough Council v Holland [2023] EWHC 1902 (Ch), a tenant attempted to appeal a possession order obtained by her council landlord. She argued that there had been a failure to properly consider both the impact of eviction on her with her particular disability and the availability of alternative accommodation. She argued that these alleged failures meant that the PSED imposed on public authorities by section 149 of the Equality Act 2010 had been breached and there was discrimination contrary to section 15 of the Act. Section 15 provides that a person (A) discriminates against a disabled person if A treats a disabled person unfavourably because of something which is a consequence of their disability and cannot show that the treatment is a proportionate means of achieving a legitimate aim.
Since 2019 the council had let Flat 24 Liebenrood Road, Reading, RG30, to the appellant tenant. The flat was located within a small block of sheltered housing. It had a communication system installed which provided 24-hour call monitoring and was also inked to the fire alarm and lift in the block. The tenant suffered from an emotionally unstable personality disorder which was accepted to be a disability within the meaning of section 6 of the Act. She could regulate her behaviour but from the outset of her occupation of the flat she committed numerous acts of antisocial behaviour which impacted greatly on her neighbours, including interfering with the communication system and abusing those monitoring the calls. Following a multi-agency meeting, the council commenced possession proceedings. At trial it was able to satisfy the court that it had complied with its PSED and that eviction was proportionate, and a possession order was made. This was upheld on appeal.
