What’s the role of an Equality Act Assessor? Laidley v Metropolitan Housing Trust Ltd

The role of assessors appointed under the Equality Act 2010 has recently been explored by the High Court in Laidley v Metropolitan Housing Trust Limited [2024] EWHC 2611 (Ch).

Appointing an assessor

Mr Laidley was granted an assured tenancy of his flat in London in 2009. Following complaints of anti-social behaviour, his landlord brought possession proceedings. These were based on breaches of his tenancy agreement and the landlord relied on grounds 12 and 14 of the Housing Act 1988. Mr Laidley defended this claim on various grounds, one of which was under the Equality Act 2010. This defence followed Mr Laidley’s diagnosis of delusional disorder and a lack of capacity. 

As is commonplace in such cases, an assessor was then appointed to sit with the judge at trial.

At the beginning of Mr Laidley’s trial, the County Court was invited by Mr Laidley’s lawyers to outline the role of the Equality Act assessor and provide the assessor’s advice in open court. This application was initially dismissed and the judge adjourned the trial part-heard.

Appealing the dismissal

In the following months, the trial resumed and a possession order was made against Mr Laidley on 2 February 2024. As would follow, Mr Laidley appealed the dismissal of his initial application, as well as the order for possession against him. These appeals were subsequently joined and considered by the High Court. 

On appeal, the counsel for Mr Laidley outlined their basis for clarification on the assessor’s role. They argued that it was in the interests of fairness to ensure that an assessor had been properly limited in their role and that they only evaluated evidence which was already in consideration of the court. Counsel further suggested that the advice provided by the assessor ought to be disclosed to each of the parties.

Disclosure of assessor advice depends on function

When providing judgment, the High Court found in favour of Metropolitan Housing Trust with regards to both appeals. 

The Court held that whether an assessor’s advice needs to be disclosed depends on the function of that advice. It stated that if the assessor is effectively providing evidence to the Court, that advice and evidence should be disclosed to the parties. However, where the role of the assessor was to assist the Judge in evaluating or understanding the evidence, this advice didn’t need to be disclosed.

Wide discretion for judges

The above judgment has served to demonstrate the wide discretion that judges have when determining claims of this nature.

Moving forwards, it appears that judges will be best placed to determine how and when Equality Act assessors are used. Furthermore, provided that the function of an assessor’s advice is merely to aid the evaluation of evidence, disclosure of such advice won’t be required. 

Mr Laidley has applied for permission to the appeal from the Court of Appeal, so this door may be reopened. 

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