Homelessness applications and the MCA
- 6 hours ago
- 1 min read
The issue of homelessness applications by people who lack mental capacity has recently been considered by the Ombudsman. The Ombudsman found: ‘There was fault by the Council when it failed to properly consider the household’s capacity to make a homelessness application. The Council decided that Mrs Y [significant long term mental health condition] did not have capacity but it cannot show how it assessed this...’
‘The Council failed to properly assess the household’s capacity to make a homelessness application. It is likely that Mr X and Mr K had capacity as the Council found that they had capacity to engage in the Care Act assessment and to make a later homelessness application respectively. The Council’s failure meant that it did not properly consider its homelessness duties.’
The council was directed to pay a total of £6,000 the individuals in recognition of the distress caused to them when it failed to provide interim accommodation between November 2023 and February 2025 when they presented as homeless due to domestic abuse.
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