- Eviction upheld as appeal based on public sector equality duty fails (Powell v Dacorum Borough Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: Powell v Dacorum Borough Council concerned an appeal against a decision to refuse a tenant a stay of eviction. The defendant argued that the local authority had failed to give any consideration to the public sector equality duty (PSED) (section 149 of the Equality Act 2010) (EqA 2010) during the course of proceedings both at the possession order stage and upon enforcement of that order at the point of eviction. The appeal was rejected on the basis that it was open to the public authority to remedy any earlier non-compliance of the PSED at a later point in proceedings, and that in conducting a proportionality assessment at the eviction stage in the case, the landlord here had made good any prior breach of the duty. The case helps outline the scope of a public landlord’s duties under EqA 2010, s 149, and how far and at what stage that duty must be applied when tenants are subject to possession claims. Written by Kevin Long, solicitor at Hackney Community Law Centre.
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