Anti Social Behaviour Cases and the Equality Act 2010
Anti-social behaviour issues typically arise in the context of possession claims or injunctions against tenants under the ASB, Crime and Policing Act 2014, commonly: • Noise nuisance • Hoarding • Violent or abusive behaviour towards neighbour • Exploitation by Anti-Social / Criminal Visitors to the premises (‘Cuckooing’)
The Equality Act 2010 – A Recap Protected Characteristics The Equality Act 2010 defines eight protected characteristics: (a) Age (b) Disability (c) Gender Reassignment (d) Marriage and Civil Partnership (e) Race (f) Religion or Belief (g) Sex (h) Sexual Orientation.
In Relation to Disability • A “substantial” adverse effect is more than minor or trivial (s.212(1)) • The focus of the Act is on the effect not cause of the impairment. • An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities (Para 5, Sch 1).
Prohibited Conduct • Direct discrimination (s.13) • Disability discrimination (s.15) • Indirect Discrimination (s.19) • Discrimination in the management of premises (s.35(1)) • Harassment and victimisation (s.26-27 s.35) • Failure to make reasonable adjustment(s.20-21,36&Sch 4) • Breach of the Public Sector Equality Duty (s.149).
The Public Sector Equality Duty s. 149(1) EA 2010
The speakers full seminar notes are available in our Past Papers library on our website
You can contact Eleri Griffiths via her senior clerk Ian Burrows on firstname.lastname@example.org