Homelessness Case Law Update
During this 45-minute session barrister Rachel Coyle of 36 Civil (The 36 Group) will provide viewers with an overview of several key homelessness law cases, including amongst others WB v W District Council .
Under Part VII of the Housing Act 1996, local authorities have a duty to secure accommodation for those who are eligible, in priority need and not intentionally homeless. In the case of WB v W District Council , the applicant was considered to be in priority need due to mental illness, however they were denied assistance on the basis that they were deemed to be intentionally homeless.
The applicant appealed the decision on the grounds that they lacked the capacity to decide where to live. Ultimately the Court of Appeal upheld the Garlic principle whereby the duty to make an offer of housing is only owed to those who have the capacity to understand and comply with the terms of a tenancy agreement.
This is a significant case within homeless law; not only does it deals with the complex issues of mental capacity, human rights and discrimination, it also illustrates that homelessness assistance remains unavailable under the Housing Act 1996 to those who lack capacity to decide where to live.
The following case law will also be examined in detail:
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