Q&As

If a person lacks litigation capacity and is homeless, can their deputy or someone with a registered LPA make a homelessness application for them?

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Produced in partnership with Kevin Long of Hackney Law Centre
Published on LexisPSL on 22/12/2020

The following Local Government Q&A produced in partnership with Kevin Long of Hackney Law Centre provides comprehensive and up to date legal information covering:

  • If a person lacks litigation capacity and is homeless, can their deputy or someone with a registered LPA make a homelessness application for them?

The decision in WB (a protected party through her litigation friend the Official Solicitor) v W District Council (Equality & Human Rights Commission intervening), confirmed the earlier House of Lords decision in ex parte Ferdous Begum, survived as a binding precedent to the proposition that Part VII of the Housing Act 1996 (HA 1996) homelessness offers could not be made to those who lacked capacity to understand and respond to them. The Court of Appeal reached this unanimous decision by different avenues. See News Analysis: Court of Appeal confirms correct approach in homelessness applications by persons lacking mental capacity (WB v W District Council).

The question of whether an application by an attorney appointed by the individual at a time when they had capacity using the provisions in sections 17–19 of the Mental Capacity Act 2005 (MCA 2005) was left

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