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Southend BC V Long

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.