A housing allocation policy decision by Renfrewshire Council is subject to a challenge in Scotland’s Supreme Court as being indirectly discriminatory against disabled persons contrary to the Equality Act 2010 (2010 Act) and separately the Human Rights Act 1998 (1998 Act).
The council’s website announced that its new regeneration plan for the Howwood Road area of Johnstone “will be a mix of property types and sizes, including 2,3,4 and 5-bedroom homes; 1 and 2 bed cottage flats and a small number of 1,2 and 3-bed bungalows all have their own designated garden area many will be wheelchair accessible”.
Instead of allocating some of its new accessible properties to applicants with “Priority A+ (Critical Need Plus)” status from assessed disability and mobility housing needs, the local authority disapplied its usual housing allocation policy to allocate homes to displaced tenants regardless of accessibility needs.
For many years the local authority told the petitioner it had no bungalows for let but she became aware it was building new accessible, level access, properties as part of its regeneration plan for Johnstone.
The petition for judicial review contends that the local authority’s decision indirectly discriminates against the petitioner and puts her at a disadvantage by making her ineligible or de-prioritised for the allocation of a ground floor, level-access property from the Howwood Road development in Renfrewshire, contrary to the 2010 Act; and separately, contrary to Article 14 of the ECHR when read within the ambit of Article 8 of schedule 1 of the 1998 Act.
The petitioner also argues that the council ought to have made reasonable adjustments to its policy decision to ensure that accessible new build properties from the housing development in Johnstone were allocated to those who needed them most in terms of its allocation policy.
The petition will be considered by a Lord Ordinary to determine whether permission to proceed to a substantive hearing ought to be granted or not on the merits.
The instructing solicitor in these proceedings is GLC’s Partner and Head of Govanhill Law Centre, Rachel Moon; GLC’s Solicitor Advocate, Mike Dailly appears for the petitioner; and Laura McDonagh, Partner and Megan O’Donnell, Solicitor, of Drummond Miller LLP act as Edinburgh agents.
