The A to Z of Housing Discrimination Case Law: Powell v Dacorum Borough Council

From Akerman-Livingstone to Z v Hackney, learn about the cases and the principles which have shaped Housing Discrimination since the Equality Act 2010 came into force.  In each of our podcasts, we will discuss one case: its facts, its context, and what principles it decided.

In this eleventh podcast, Iris Ferber KC and Stefan Liberadzki discuss Powell v Dacorum Borough Counsel, heard by the Court of Appeal in 2019: one of the first big housing cases about the Public Sector Equality Duty, which establishes, firstly, that compliance with the PSED is fact-specific and also function-specific (that is, it depends on what sort of public function the local authority is exercising); secondly, that compliance is a matter of substance not form, requiring a conscientious consideration of all the relevant factors in good faith; and thirdly – perhaps most importantly in practice – that an earlier breach of the PSED is capable of being remedied by a public sector landlord, so long as it does conduct a PSED assessment by the time of the Court hearing.

As part of 42BR's ongoing journey to ensure their website and marketing initiatives are as accessible as possible, all podcasts will be available in a transcription format - he A to Z of Housing Discrimination Case Law - Powell v Dacorum Borough Council transcript. ​

About the speakers

Iris Ferber KC Iris Ferber KC is a specialist in Employment, Property and Social Housing law, with a particular focus on litigation involving discrimination. She was called to the Bar in 2005, and was appointed to Silk in 2023. This email address is being protected from spambots. You need JavaScript enabled to view it.

Stefan Liberadzki Stefan specialises in Employment and Social Housing law. He is ranked by Legal 500 as a Leading Junior in both fields. His particular expertise in discrimination law means that he is frequently instructed in cases involving issues under the Equality Act. In his Social Housing practice he is often instructed for his expertise in discrimination cases, in addition to tenancy fraud, anti-social behaviour, succession disputes, unlawful subletting and disrepair claims. He also acts in homelessness appeals and judicial reviews. This email address is being protected from spambots. You need JavaScript enabled to view it.