02 August 2018 / Brooke Lyne

Issue: 7804 / Categories: Features , Housing , Mental health

Where to next?

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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Where to next?

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.

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,

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Where to next?

The Begum case

The Begum case

MOVERS & SHAKERS

Cripps—Radius Law

Switalskis—Grimsby

Slater Heelis—Will Newman & Lucy Spilsbury