Warden ruling may face appeal

Portsmouth Council has obtained leave to appeal the judgement which was made in December (Inside Housing, 17 December 2009). It will decide this week whether to lodge an appeal.

Barnet Council, which had a case heard simultaneously by the same judge at the hight court, is applying for leave to appeal the December judgement.

The cases were brought by sheltered housing residents represented by solicitor Yvonne Hossack, who is bringing a series of judicial reviews against sheltered housing providers.

Barnet had planned to replace a resident warden service with floating support and alarms in several sheltered housing schemes.

Portsmouth had replaced the resident warden services with staff who visit the schemes at night to check on residents plus daytime wardens at each scheme.

David Mearns, assistant housing manger at Portsmouth Council, said the judge in the original judicial review case had found against the council on three grounds: that residents were not fully consulted, that the council had not met the requirements of the Disability Discrimination Act and that the equality impact assessment of the plans was not comprehensive enough. He said they had been given leave to appeal on all three grounds.

Barnet Council was criticised for not showing that all members of the council fully understood their duties under the Disability Discrimination Act.

The council is now applying for leave to appeal the judicial review decision.

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