RR, R (on the application of) v The London Borough of Enfield
[2024] EWHC 2501 (Admin)
Carly Jayne Willott, R (on the application of) v Eastbourne Borough Council
25 January 2024
[2024] EWHC 113 (Admin)
High Court
A woman with ADHD and autism was refused social housing because of past anti-social behaviour. She claimed unfairness, but the court sided with the council, saying the rules were fair and preventing anti-social behaviour is important. The council's rules allowed them to consider her situation, but they decided she was still unsuitable for housing at that time.
Key Facts
- •Carly Jayne Willott challenged Eastbourne Borough Council's decision to disqualify her from the social housing register due to 'serious anti-social behaviour'.
- •Willott has diagnoses of Adult ADHD and an autistic spectrum condition.
- •The Council's allocation policy disqualified applicants with serious anti-social behaviour deemed unsuitable for tenancy.
- •Willott's anti-social behaviour involved multiple police attendances, possession proceedings, and criminal convictions.
- •Willott argued the policy indirectly discriminated against disabled people and that the Council failed to consider her disabilities.
Legal Principles
A housing allocation scheme should not be so rigid as to fetter the council's discretion.
R (Adath Yisroel Burial Society) v Inner North London Senior Coroner [2019] QB 251, CA [77]–[78]
Indirect discrimination occurs when a provision, criterion, or practice puts, or would put, persons with a protected characteristic at a particular disadvantage.
Equality Act 2010, section 19
For indirect discrimination, the claimant must show a causal link between the PCP and the disadvantage suffered, but the reason for the disadvantage need not be known.
Essop v Home Office (Border Agency) [2017] UKSC 27
Discrimination arising from disability occurs when unfavourable treatment is because of something arising in consequence of the disability, and is not a proportionate means of achieving a legitimate aim.
Equality Act 2010, section 15
The duty to make reasonable adjustments applies to disabled persons generally and requires steps to avoid substantial disadvantage.
Equality Act 2010, sections 20, 21, Schedule 2
Public authorities must publish transparent statements of how discretionary decisions will be made.
Lumba (WL) v SSHD [2011] UKSC 12
Outcomes
Willott's claim was dismissed.
The court found insufficient evidence to establish indirect discrimination or discrimination arising from disability. The Council's policy was deemed proportionate in achieving its legitimate aim of preventing anti-social behaviour, and the court found no requirement for a residual discretion beyond that inherent in the policy's application.
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