A disappointing result in the right to rent appeal. This part of the judgment has really struck me. (1/x) https://twitter.com/housing_law_bot/status/1252576324423565312

The Court of Appeal objected very strongly to the suggestion that the scheme created a rational or logical incentive for landlords to discriminate. This is put even more forcefully in a concurring judgment.

The Court of Appeal refuse to entertain a concept of ‘logical’ or ‘rationale’ discrimination. These comments are clearly well-intended, but I think this an unhelpful way of thinking about discrimination.

Its all very well to say racial discrimination is insidious and that rationale people are not prejudiced. But this brings a suggestion that discrimination is something done by others. By insidious people.

Racial discrimination is not just fascists, thugs and other ‘insidious’ people. It can consist of systems and structures made up of and supported by ‘nice people’. It can occur, for example, when people make 'risk adverse' decisions.

When we recognise that there can be an internal logic to beliefs, policies or institutions which are discriminatory, it will help privileged people (like me) to spot discrimination where we weren’t expecting to find it, or worse, where we are participating in it.

So I hope the Supreme Court grants permission for further appeal.