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Breach of the public sector equality duty (PSED) fails to overturn possession order on appeal (Forward v Aldwyck Housing Group Limited)

Breach of the public sector equality duty (PSED) fails to overturn possession order on appeal (Forward v Aldwyck Housing Group Limited)
Published on: 17 January 2019
Published by: LexisPSL
  • Breach of the public sector equality duty (PSED) fails to overturn possession order on appeal (Forward v Aldwyck Housing Group Limited)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Local Government analysis: This appeal examines the application of Equality Act 2010 (EqA 2010) duties where a landlord seeks possession of premises where the tenant has been ‘cuckooed’ ie where the homes of vulnerable tenants are taken over and exploited by drug dealers. Here a possession order was upheld on appeal despite the public sector landlord having been found to have breached the PSED in the run up to possession. The appeal failed principally on the basis that even a compliant PSED assessment would not have achieved a different outcome. The trial judge had also erred in misapplying certain EqA 2010 principles but this had not altered the inevitable result of a possession order. Written by Kevin Long, solicitor at Hackney Community Law Centre. or take a trial to read the full analysis.

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