Source: All England Reporter
Publisher Citation: [2001] All ER (D) 77 (Aug)
Court: Administrative Court
Judge:

Stanley Burnton J

Representation James Goudie QC and Zia Nabi (instructed by Miles & Partners) for W.
  Stephen Knafler (instructed by Akin Alabi) for the authority.
Judgment Dates: 23 August 2001

Catchwords

Housing - Local authority - Duty to provide accommodation - Claimant suffering from schizophrenia - Claimant sharing small two-bedroom flat with wife and eight children - Claimant receiving mental health care in the community - Whether local housing authority under absolute duty to provide larger accommodation - s 21.

The Case

Having considered the conclusions of previous authorities that s21 of the applied to the provision of ordinary residential accommodation, the court ruled that no duty under s21 arose in any event in the instant case as the housing authority's assessment of the claimant did not reveal a need for care and attention that was not otherwise available.

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