Manchester Council has been accused of breaching the Disability
Discrimination Act 1995 after taking eviction action against two
women with mental health problems who neighbours claimed were
causing a nuisance.
In the test case at the Court of Appeal in London, lawyers for the
women are arguing that as both have been diagnosed with a
borderline personality disorder and recurrent depressive disorder,
they are defined as disabled under the DDA.
Their barrister, Jan Luba QC, said an earlier decision by county
court judges had taken an “over-narrow” approach to interpreting
the act and that to allow their eviction would amount to
discrimination banned under it.
However, barrister for the council, Andrew Arden QC, said that if
the council did nothing to stop the nuisance it could face claims
from other tenants for violating their rights under the European
Convention on Human Rights. He added that the case highlighted the
difficulties councils faced in meeting the obligations of both
acts. The case continues.