Patronising the mentally disordered? Social landlords and the control of 'anti-social behaviour' under the Disability Discrimination Act 1995

Cobb, N.A.

Abstract

The 2004 decision of the Court of Appeal in Manchester City Council v Romano and Samari highlighted the unexpected impact of the Disability Discrimination Act 1995 (DDA) upon the control of anti-social behaviour by social landlords where that conduct is caused by a mental disorder. This paper positions the legislation against the backdrop of advanced liberal housing policy, and its concern with the management of risk and the fostering of individual responsibility among tenants. In particular, it explores the possible criticism that, by preventing landlords in certain circumstances from taking action against the mentally disordered on grounds of their anti-social conduct, the DDA patronises those individuals by denying them the opportunity to take responsibility for their actions.

Citation

Cobb, N. (2006). Patronising the mentally disordered? Social landlords and the control of 'anti-social behaviour' under the Disability Discrimination Act 1995. Legal Studies, 26(2), 238-266. https://doi.org/10.1111/j.1748-121x.2006.00013.x

• Journal Article Type: Article
• Publication Date: Jun 1, 2006
• Deposit Date: Sep 22, 2008
• Publicly Available Date: Sep 22, 2008
• Journal: Legal Studies
• Print ISSN: 0261-3875
• Electronic ISSN: 1748-121X
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 26
• Issue: 2
• Pages: 238-266
• DOI: https://doi.org/10.1111/j.1748-121x.2006.00013.x
• Public URL: https://durham-repository.worktribe.com/output/1596713