Barnsley Metropolitan Borough Council v Norton & Ors [2011] EWCA Civ 834

Date
21 July 2011

Link to judgment
http://www.bailii.org/ew/cases/EWCA/Civ/2011/834.html

Discrimination ground
Disability

Summary of case
The case concerned the tenancy of a school house by the school caretaker after his employment ended. The tenant had a daughter with cerebral palsy and the house had been to some extent adapted for her needs. The Council obtained possession proceedings to recover possession of the school house. These proceedings were appealed as it was alleged that the Council had not had due regard to its Disability Equality Duty.

Outcome
The Court concluded that the Council had not had due regard to its Disability Equality Duty when it took action to recover possession of the house. Nevertheless, the possession order should not be overturned as the appropriate course was for the Council now to find suitable alternative accommodation for the family bearing in mind their Equality Duty and the need to give due regard to this in any future offer of alternative accommodation.