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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,

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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