R (on the application of MT) v Oxford City Council
The Claimant (“MT”) had a mental disability that meant he was unable to manage his property and financial affairs. MT had been living at home and was being cared for by his family. The family became unable to provide this care and in October 2011 MT applied to be placed on the Local Authority’s housing register. The application was rejected on the basis that the Local Authority had no duty under Part 7 of the Housing Act 1996 (“the 1996 Act”) because MT did not have the capacity to make the application. The Local Authority relied on the House of Lords case of R v Oldham MBC ex parte Garlick [1993] where it was held that an applicant had to be capable of accepting or rejecting an offer of accommodation.
MT applied for judicial review submitting that the Local Authority’s decision was inconsistent with Article 14 ECHR. MT also argued that the decision in Garlick was no longer good law because it was discriminatory towards those who lack capacity, contrary to Article 14 of the ECHR, when read together with Article 8 (a right to respect for private and family life).
The application was refused and the decision in Garlick was held to be determinative. The High Court noted that the 1996 Act was implicit in its provisions that accommodation was only available to those who had capacity to accept an offer. The High Court held that MT was not being refused public housing and was only being refused as an applicant for housing as homeless under the part 7 of the 1996 Act. He could still be assessed under the National Assistance Act 1948.
Comment
Although the High Court has refused permission to appeal, it will be interesting to see if a further application to appeal is made, as this decision raises some questions about the limited routes into housing for persons deemed to be lacking capacity.
Should you wish to discuss the implications of this case further please contact Helen Tucker on 0121 212 7459, helen.tucker@anthonycollins.com or Rose Klemperer on 0121 214 3504, rose.klemperer@anthonycollins.com
It has been another difficult few weeks for many of us, especially those who find themselves under tier 3 restrictions.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
On 18 September 2020, the High Court gave its decision regarding the Judicial Review of Simply Learning Tutor Agency Ltd & Others v Secretary of State for Business.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.