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

Cobb, N.A.

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


Authors

N.A. Cobb



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 Mar 29, 2024
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

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The definitive version is available at www.blackwell-synergy.com





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