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

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.