10 years of the Equality Act in housing: Where next? - Part 2

10 years of the Equality Act in housing: Where next?

Thursday 12 November 2020 | 3pm

In its first 10 years the Equality Act 2010 has made a significant contribution in the field of housing. The Act has become particularly well-established in some areas. In others, however, the Act’s potential remains less well-explored.

In these two seminars, members of Doughty Street’s Housing and Social Welfare team will consider four possible areas for future development: (i) indirect discrimination against tenants and potential tenants, (ii) landlords’ responsibility for victimisation and harassment, (iii) positive action in housing and (iv) discrimination claims in homelessness cases.

Part 2: Positive action in housing, and discrimination in homelessness cases

Zia Nabi (chair), Sarah Steinhardt and Ben Chataway

In the recent case of R (Z) v Hackney [2020] UKSC 40 the Supreme Court considered the lawfulness of a housing association reserving its stock to address the disadvantages faced by the Orthodox Jewish community in Hackney. Sarah Steinhardt will look at ways in which the principle of positive action might be applied in the housing context.

Although the Supreme Court decision in Hotak v Southwark LBC [2015] UKSC 30 firmly established the importance of the public sector equality duty in homelessness appeals, the Court of Appeal’s decision in Adesotu v Lewisham LBC [2019] EWCA Civ 1405 appeared to close the door on arguments relating to discrimination. Ben Chataway will consider the scope for further developments in this area.

To access the slides, please click here.

Watch the recording below.