- Court of Appeal confirms correct approach in homelessness applications by persons lacking mental capacity (WB v W District Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: This case analysis considers the decision of the Court of Appeal in WB (a protected party through her litigation friend the Official Solicitor) v W District Council (Equality & Human Rights Commission intervening)  EWCA Civ 928. The Court of Appeal was called on to consider the situation where a person who lacks mental capacity makes an application for assistance as a homeless person under Part VII of the Housing Act 1996. The question for the Court of Appeal was whether it was bound to follow earlier House of Lords authority for the proposition that only persons with mental capacity can be offered accommodation under Part VII, or whether subsequent legal developments (including the Human Rights Act 1998 and the Mental Capacity Act 2005) entitled the Court of Appeal to reach a different decision. Written by Alexander Campbell, Barrister at Field Court Chambers.
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