AB & Anor, R (on the application of) v Westminster City Council
[2024] EWHC 266 (Admin)
FG, R (on the application of) v Royal Borough of Kensington Chelsea
9 April 2024
[2024] EWHC 780 (Admin)
High Court
A disabled tenant sued the council for noise and smell in her flat, claiming discrimination. The judge decided the council's actions were reasonable, even though the tenant had a valid complaint, because the council wasn't required under the law to make the fixes the tenant wanted. So, the lawsuit was dismissed.
Key Facts
- •FG, a disabled person with paranoid schizophrenia, experiences heightened sensitivity to noise and smell, exacerbated by auditory and olfactory hallucinations.
- •FG resides in Flat 7, a RBKC-owned flat, and complains of excessive noise from Flat 5 below and a foul smell in her kitchen.
- •RBKC attempted to remedy the issues, but FG claims these efforts were insufficient.
- •FG brought a judicial review claim against RBKC alleging discrimination under the Equality Act 2010 and breach of the public sector equality duty (PSED).
Legal Principles
Reasonable Adjustments Duty under Equality Act 2010
Equality Act 2010, sections 20, 21, 29, 149
Part 3 vs. Part 4 of the Equality Act 2010 in relation to housing provision
Equality Act 2010, section 32(3)(b)
Anticipatory vs. Specific Duty to Make Reasonable Adjustments
Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191
Public Sector Equality Duty (PSED)
Equality Act 2010, section 149
Burden of Proof in Equality Act Claims
Equality Act 2010, section 136
Outcomes
FG's claim for judicial review dismissed.
The court found the claim fell under Part 4 of the Equality Act 2010, meaning the Second Requirement for reasonable adjustments did not apply. Even if it had fallen under Part 3, RBKC had taken reasonable steps to address the noise and smell issues, and FG had not established discrimination.
Permission granted for judicial review on Grounds 1, 2, and 3.
These grounds were considered arguable, relating to RBKC's alleged failure to take reasonable steps to address the noise and smell issues and breach of PSED.
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