Source: All England Reporter
Publisher Citation: [2002] All ER (D) 74 (Mar)
Neutral Citation: [2002] EWCA Civ 287
Court: Court of Appeal, Civil Division

Pill, Mummery and Hale LJJ

Representation James Goudie QC and Zia Nabi (instructed by Miles & Partners) for the applicant.
  Stephen Knafler (instructed by Helen Sidwell) for the authority.
Judgment Dates: 7 March 2002


Housing - Local authority - Duty to provide accommodation - Applicant suffering from schizophrenia - Applicant sharing small flat with wife and eight children - Applicant receiving mental state assessment - Whether local housing authority under absolute duty to provide larger accommodation - s 21.

The Case

The material available as a result of a mental state assessment under the was relevant to an assessment under s21 of the . Furthermore it was for a local housing authority, in deciding whether to exercise its powers under s21 of the Act, not the court, to decide whether an individual was in need of care and attention which was not otherwise available to him.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.