Court of Appeal delivers important ruling in case concerning homeless person with mental health illness


Re: WB v W District Council [2018] EWCA Civ 928

This case held that it was not necessary to consider whether a construction of the Housing Act 1996, Sch 19 Pt VII compliant with the ECHR could be made to permit a housing application on behalf of a homeless person with a mental disability because the Mental Capacity Act 2005 provided a judicial process for making or supervising decisions about where a person with mental incapacity should live and for making a tenancy agreement on that person’s behalf.

Helen Mountfield QC was involved in this case.