Capsticks’ Local Government team recently hosted a Roundtable event, attended by representatives from several of London’s most prominent Borough Councils. Focusing mainly on Disrepair and Discrimination claims, the event provided Local Authorities with an invaluable opportunity to discuss pressing issues and developments in Housing Management. 

Disrepair  

Disrepair claims continue to dominate the work of Local Authorities’ in-house legal teams, and attendees noted that the volume of disrepair claims being brought is increasing year-on-year. In addition to the commonly experienced issues of notice and appropriate rent reduction rates, we discussed difficulties arising in relation to the instruction of experts. While parties usually prefer to instruct their own, trusted expert, there can be real cost and time saving benefits in instructing a Single Joint Expert.  

Disclosure can also be an issue for Local Authorities. In particular, the proliferation of Subject Access Requests (SARs) being received by Local Authorities, and how best to deal with these to keep costs proportionate, and the focus on completing any necessary works. Having robust systems in place for providing tenant’s legal representatives with adequate disclosure promptly goes a long way in dissuading the issuing of SARs.  Tenant’s legal representatives may be satisfied when provided with disclosure under the Pre-Action Protocol for Housing Conditions Claims, and this should be explored first if possible.  

Impact assessments  

Various duties owed by Local Authorities to tenants under the Equality Act 2010 (EA 2010) were also discussed.  

Of the duties owed to tenants pursuant to the EA 2010, the most important is arguably the Public Sector Equality Duty (PSED), established under s.149 EA 2010. It enshrines that Landlords must have due regard to eliminating unlawful discrimination, advancing equality of opportunity, and fostering good relationships between people who possess protected characteristics. The duty further establishes that Landlords should eliminate unlawful discrimination by removing or minimising disadvantages, taking steps to meet needs, and encouraging participation of people with protected characteristics. 

Local Authorities face various challenges when considering the EA 2010, in relation to obtaining the information required for compliance with it.  Many attendees raised concerns about situations where Local Authorities need to have due regard to protected characteristics that cannot be reasonably ascertained. For example, where tenants have not specifically disclosed a vulnerability, or the resourcing difficulties associated with visiting tenants on a regular basis to have an awareness of any possible factors. Once this information is obtained, there can also be difficulties ensuring the appropriate information is shared with the relevant teams within Local Government. The Housing Officer’s ability to access this information can be severely limited due to GDPR concerns. 

It is integral for Local Authorities to ensure that they are completing Impact Assessments to discharge their PSED regularly, and as necessary, depending on the tenant and the action being considered. It should be an opportunity for Local Authorities to identify possible vulnerabilities, consider links between tenant behaviour and protected characteristics, and create contemporaneous records of the reasons why a decision to act against a tenant was made. An Impact Assessment benefits the tenant while also demonstrating Local Authorities’ commitment to the various duties they owe to the tenant under the EA 2010. 

Whilst easier said than done, regularly assessing tenants for protected characteristics is the most effective way of ensuring that Local Authorities’ duties under the Equality Act are fulfilled. Dedicating adequate resources and ensuring that Impact Assessments are completed before bringing any legal challenge is vital. 

Conclusion 

Capsticks’ Disrepair and Equalities Act Roundtable provided representatives of Local Authorities an opportunity to share information and best practices to improve Local Authorities’ engagement with disrepair claims, as well as better fulfil the duties owed to tenants.

How Capsticks can help 

Our experts continue to adapt our service to most effectively meet the needs of our clients in disrepair and Equality Act work. Our Local Government team of specialist experts are working to ensure that we are right beside our clients every step of the way. Our experts operate nationally in all areas of housing management, and we are on hand to advise on all that is discussed in this insight. If you have any queries on the impact on your local authority, please speak to Daniel Fitzpatrick to find out more about how Capsticks can help.