Defending a possession claim brought by a local authority for anti-social behaviour linked to mental health issues and alcohol abuse. The Defendant lacks capacity and is represented by the official receiver. Issues in the litigation include:
(a) whether the claim is discriminatory under the Equality Act 2010;
(b) whether a possession order is disproportionate;
(c) whether the authority have discharged their duties viz. adequate community care assessments;
(d) whether a possession order would be reasonable.
After fully contesting the action, it was resolved at trial by placement of the Defendant in alternative and supported accommodation.