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02 August 2018 / Brooke Lyne
Issue: 7804 / Categories: Features , Housing , Mental health
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Where to next?

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​The law in relation to those lacking capacity has undergone radical change: is the Begum case still fit for purpose? Brooke Lyne investigates

  • Since the decision in the Begum case in 1993, there has been a huge shift in the way the law treats those lacking mental capacity.
  • In WB v W District Council the Court of Appeal was forced to consider whether the Begum principles were still relevant.

Under Part VII of the Housing Act 1996 (HA 1996), local authorities have a duty to secure accommodation for those who are eligible, in priority need and not intentionally homeless. There are a number of categories of ‘priority need’ but for current purposes a person who is ‘vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason’ has a priority need.

The Begum case

The starting point when considering mental capacity in homelessness law is the case of Begum (reported as R v Oldham Metropolitan Council ex parte Garlick [1993] AC 509, (1993) 25 HLR 319, [1993] 2 All ER 65), which was decided under the preceding homelessness

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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