Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Barber v LB Croydon (2010) EWCA Civ 51

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(1) The council's decision to seek an immediate order for possession, following an assault which was almost certainly linked with the claimant's learning difficulties and a personality disorder, without applying the Council's policy on vulnerable people, was Wednesbury unreasonable. (2) The DDA aspect of the appeal was unsuccessful: the question was not whether he was treated less favourably than a person without his disabilities but whether he should have been treated differently precisely because he has such disabilities and because they were a significant contributory factor to his behaviour that day.

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