A Practical Guide to the Public Sector Equality Duty in Housing

The Public Sector Equality Duty has generated an enormous amount of litigation in recent years. Even the reported decisions themselves regularly complain about the sheer volume of authorities that have been cited by the parties in each case. This book draws together the threads of the case law and explains the key principles of the PSED as it arises in the context of housing law.

The book provides essential practical guidance for lawyers involved in social housing possession claims, homelessness appeals, and allocations and policy challenges. As well as explaining the principles of law, book looks at the important issues of evidence-gathering and litigation strategy in the unusual context of an 'ongoing' process duty.

ABOUT THE AUTHOR

Nick Bano is a barrister at Garden Court Chambers, who has been involved in bringing many of the significant PSED challenges in the field of housing law. He appeared in the key case of Forward v Aldwyck, as well as more recent and housing-specific matters such as TM v Metropolitan, London & Quadrant v Patrick and Adesotu v Lewisham.

CONTENTS

Chapter One - Preliminary Points

1.1 - The current duty in context

1.2 - The duty

1.3 - The protected characteristics

1.4 - Process duty

1.5 - Not a cause of action

1.6 - A context-specific duty

1.7 - Importance of the duty

Chapter Two - Possession Proceedings

2.1 - A viable defence

2.2 - When to comply

2.3 - Triggering compliance

2.4 - Evidence

2.5 - Aspects of compliance

2.6 - Defending the claim

2.7 - Pre-trial practicalities

2.8 - Questioning the decision-maker

2.9 - Consequences of a breach

2.10 - The enforcement stage

2.11 - Where next?

Chapter Three - Homelessness

3.1 - A viable ground of appeal

3.2 - Triggering compliance

3.3 - Inquiries

3.4 - Aspects of compliance

3.5 - Materiality

3.6 - Representations

3.7 - Evidence

3.8 - Where next?

Chapter Four - Allocations & Housing Judicial Reviews

4.1 - Context: A troubling legacy

4.2 - When to comply

4.3 - Triggering compliance

4.4 - Evidence

4.5 - Aspects of compliance

4.6 - Consequences of a breach