Transcript Slide 1

Homelessness Multiple
Needs and the Law
John Macklin
Multiple Needs
 Health and safety
 Rules
 Introduction to the course – flexibility on timetable
Introductions participants
1. Name
2. Role
3. Knowledge/experience of working around CC?
4. Key issues for your Clients?
 Trainer
July 15, Slide no: 2
Proposed rules
1. Everyone gets much more out of being involved in a training course,
so
2. Enjoy the day – lets make it interactive – no passive consumption –
everyone has valid experiences and views to contribute
3. If you are particularly shy, that is all right too
4. If you don’t understand, disagree or are plain bored – please
interrupt
5. If there are issues not being addressed that you want covered,
please speak up
6. If there are views or attitudes expressed that people disagree with,
please feel free to challenge – respectfully
7. We will record any suggestions for improving local practice
July 15, Slide no: 3
Aims of the course
1. Clarify the assistance that homeless and badly housed people
should be entitled to under the homelessness legislation (Part VII
Housing Act 1996 as amended by the Homelessness Act 2002) and
through the allocation of social housing via Part VI Housing Act
1996 (subject to amendment by the Homelessness Act 2002 in
January 2003).
2. Explain the legislative framework that governs access to community
care services. Such services may be needed directly by homeless
people and/or to assist them in sustaining tenancies.
3. Examine the structural links between the legislation.
4. Assist participants to develop confidence in acting as advocates to
challenge adverse decisions or lack of service provision.
5. Raise issues on working strategically to improve services and
remedy deficiencies in service provision.
July 15, Slide no: 4
The founding community care legislation
The HHSCCA s.46 defines community care services as
those: ...services which a local authority may provide or arrange
to be provided under any of the following provisions –
(a)
Part III of the National Assistance Act 1948;
(b)
section 45 of the Health Services and Public
Health Act 1968;
(c)
section 21 of and Schedule 8 to the National
Health Service Act 1977; and
(d)
section 117 of the Mental Health Act 1983;
Controversially this does not include the Chronically
Sick & Disabled Act 1970 s.2 as a community care
service……….
July 15, Slide no: 5
Context
Problems in accessing mental health services
1. Screening and eligibility criteria
2. Philosophy v practice, the NSF
2.1 Across all trusts less than a half of all service users had
access to
crisis care
2.2 Only half the service users had been given a copy of their care
plan
3. Reduced residential capacity but increased demand
The number of available beds in England is decreasing year on
year, from around 40,000 ten years ago to 32,000 today.
4. Stigma
5. Lack of representation/advocacy
6. Client’s lack of involvement in their treatment
July 15, Slide no: 6
Access to medication+talking therapies
Healthcare Commission research into 27,000
service users (2004). In the last 12 months have
you taken any medication for your mental health
problems?
Yes
93%
No
7%
In the last 12 months have you had any talking
therapies from the Mental Health Services?
Yes
42%
No
58%
July 15, Slide no: 7
Prevalence of mental health problems
 1 in 6 of the population surveyed in England
exhibited symptoms in the week prior to
interview sufficient to warrant a diagnosis of a
common mental health problem
 Women exhibited higher rates than men overall
 However the statistics on both formal and
informal admission to hospital evidences a
predominance of males admitted to hospital
under the Mental Health Act
July 15, Slide no: 8
Ethnicity and hospital admission
 Rates of admission into hospital are three or
more times higher for black and mixed heritage
groups compared with the average.
 Black groups are up to 44% more likely to be
detained under the Mental Health Act.
July 15, Slide no: 9
Mental health and the criminal justice system
 One of the major concerns of professionals
working within the criminal justice system and
mental health services is the overwhelming
over-representation of people with mental health
problems within the prison population.
 The diversion of mentally ill offenders to
treatment rather than custody has declined in
almost inverse proportion to the increase in the
prison population.
July 15, Slide no: 10
Mental health of the prison population
Characteristic
General
population
Suffer from two or 5% men
more
mental
2% women
disorders
Sentenced
prisoners
72% men
Suffer from three 1% men
or more mental
0% women
disorders
44% men
Neurotic disorders
i.e. sleep, worry,
anxiety
and
depression
Psychotic
disorders
i.e.
schizophrenia and
manic depression
Personality
disorders
12% men
40% men
18% women
63% women
0.5% men
7% men
0.6% women
14% women
5.4% men
64% men
3.4% women
50% women
(SEU 2002)
July 15, Slide no: 11
70% women
62% women
Drop in diversion from criminal justice
1993-4
Total formal Mental 23,766
Health
Act
admissions
Court and prison 2,253
MHA disposals
Court and prison 9.5%
disposals as a
proportion of total
MHA admissions
July 15, Slide no: 12
2003-4 Percentage
difference
26,235
+10%
1,601
-29%
6.1%
-36%
Vulnerable because of MH problems
Year
Total
acceptances
Vulnerable
due to MH
%age of all
acceptances
2003/4
135,430
12,070
9%
2004/5
120,860
10,650
9%
2005/6
93, 980
7,340
8%
2006/7
73,360
5,420
7%
2007/8
63,170
4,150
7%
July 15, Slide no: 13
Advocates need access to (1):
A.
National legislative framework
1. The legislation
2. Relevant directions, regulations and guidance,
particularly FACS
3. Case law
At times the greyness of the legislation may
suggest that the basis for a challenge may be
local policies and procedures. Many of these
documents are likely to be available from your
local social services website.
July 15, Slide no: 14
Advocates need access to (2):
B.
Local policy and procedures
4. All social service departments are statutorily
obliged to have a Joint Investment Plan with
Health
5. The local “Better Care, Higher Standards”
charter. This document should give information
on the services available and timescales for
carrying out assessments.
6. Eligibility criteria. After April 7th 2003 all
decisions will be based on a national framework
“Fair Access to Care Services” (FACS)
July 15, Slide no: 15
Advocates need access to (3):
7.
8.
9.
10.
Information on “Your right to see your file”.
The most recent inspection of the social
services department carried out jointly by the
SSI and the Audit Commission. Available
either on the social services website or via
the DoH website, see useful references.
Any specific policies on particular need
groups available on the website.
The authority’s complaints procedure.
July 15, Slide no: 16
The Adult Care Process
Four stage process
1.
2.
3.
4.
Assessment
Eligibility
Care Plan
Review (and maybe re-assessment)
July 15, Slide no: 17
Decision making on community care services
1. ASSESSMENT
DUTY to carry out an assessment if there appears to be a need for
community care services S.47(1)(a)
2. DECISION MAKING
Initially based upon FACS – but consider the position of the
applicant under s.2 CSDA and s.117 MHA
3. CARE PLANNING
If assessment has identified an eligible need then SSD have to
produce a care plan to state how these needs are going to be met.
4. REVIEW
Services should be reviewed with 6 weeks of commencement to
ensure that the aims of the care plan are being met. If not it should
be adapted. Thereafter services should be reviewed either annually
or upon any change of circumstances.
July 15, Slide no: 18
R v Bristol City Council ex p Penfold 1998
The judgement held that: 1. Where there is an apparent need for community care services
which a local authority is empowered to provide then the authority
must undertake an assessment under NHSCCA 1990 s.47(1)(a).
2. Even if it were the case that a service user has no sensible prospect
of being awarded services because of constraints upon resources,
that does not absolve the local authority from conducting a
s.47(1)(a) assessment.
3. The discharge by a housing authority of its obligation under the
homelessness legislation does not preclude the need for a
community care assessment.
When they carry out an assessment social services must inform
health and housing authorities if they think that there are also health
and housing needs and must invite these authorities to become
involved in the assessment.
July 15, Slide no: 19
R v Glos County Council ex p RADAR
"The obligation to make an assessment for
community care services does not depend on a
request, but on the "appearance of need"... Of
course, the authority cannot carry out an
effective assessment without some degree of
co-operation from the service user or his
helpers. However, that is a very different thing
from saying that they can simply rest on having
sent a letter of the type to which I have
referred".
July 15, Slide no: 20
DUTY to carry out an assessment
s.47(1) Subject to subsections (5) and (6)* below, where it
appears to a local authority that any person for whom
they may provide or arrange for the provision of
community care services may be in need of any such
services, the authority(a) shall carry out an assessment of his needs for those
services;and
(b) having regards to the result of that assessment,
shall decide whether his needs call for the provision by
them of any such services.
* Provision of services in an emergency
July 15, Slide no: 21
Clear duties
1. S.21 National Assistance Act 1948
Provision of accommodation for those in need of care
and attention that they will not receive if they are not
provided with accommodation
2. S.117 Mental Health Act 1983
Anyone sectioned under a treatment section potentially
has a lifelong right to a service (free) if they appear to
need it
3. S.47 NHS+CC Act – right to an assessment triggered
by the appearance of need
4. S.2 CSDPA
July 15, Slide no: 22
Assessments
Identified Needs
 The authority should decide which of the
identified needs ‘calls for the provision of
services’ i.e. eligible needs under Fair Access
to Care Services
 There is a duty to meet needs in some
circumstances. For example under:
S.21 1948 National Assistance Act
s.2 Chronically Sick and Disabled Persons Act 1970,
s.117 Mental Health Act 1983
July 15, Slide no: 23
Community Care – Policy Guidance (1990)
Assessments must be carried out in accordance with LASSA Guidance.
3.16 The individual service user and normally, with his or her agreement, any
carers should be involved throughout the assessment and care management
process.
3.19 The assessment and care management process should take into account
particular risk factors for the service users, carers and the community
generally; abilities and attitudes; health (especially remediable condition or
chronic conditions requiring continuing health care) and accommodation and
social support needs.
3.24 Once the needs have been assessed, the services to be provided or
arranged and the objectives of any intervention should be agreed in the form
of a care plan.
3.25 The aim should be to secure the most cost-effective package of services
that meets the user’s care needs, taking account of the user’s and carer’s own
preferences.
July 15, Slide no: 24
Eligibility – FACS
Four bands of need, based on the level of risk to the
independence of the individual if provision is not
made:
 critical;
 substantial;
 moderate; and
 low
When assessing this risk social services are expected to
take the following factors in to account:
 autonomy;
 health and safety;
 the management of daily routines; and
 involvement in family and wider community life.
July 15, Slide no: 25
Critical need - FACS
 life is, or will be, threatened; and/or
 significant health problems have developed or will develop; and/or
 there is, or will be, little or no choice and control over vital aspects
of the immediate environment; and/or
 serious abuse or neglect has occurred or will occur; and/or
 there is, or will be, an inability to carry out vital personal care or
domestic routines; and/or
 vital involvement in work, education or learning cannot or will not be
sustained; and/or
 vital social support systems and relationships cannot or will not be
sustained; and/or
 vital family and other social roles and responsibilities cannot or will
not be undertaken.
July 15, Slide no: 26
Substantial need - FACS
 there is, or will be, only partial choice and control over
the immediate environment; and/or
 abuse or neglect has occurred or will occur; and/or
 there is, or will be, an inability to carry out the majority of
personal care or domestic routines; and/or
 involvement in many aspects of work, education or
learning cannot or will not be sustained; and/or
 the majority of social support systems and relationships
cannot or will not be sustained; and/or
 the majority of family and other social roles and
responsibilities cannot
July 15, Slide no: 27
Defining Dual Diagnosis
The term ‘dual diagnosis’ covers a broad spectrum of
mental health and substance misuse problems that
might be experienced concurrently. The nature of the
relationship between these two conditions is complex.
Possible mechanisms include:
 a primary psychiatric illness precipitating or leading to
substance misuse
 substance misuse worsening or altering the course of a
psychiatric illness
 intoxication and/or substance dependence leading to
psychological symptoms
 substance misuse and/or withdrawal leading to
psychiatric symptoms or illnesses.
July 15, Slide no: 28
Dual diagnosis
1.
Mental Health Policy Implementation Guide:
Dual Diagnosis Good Practice Guide (2002)
2.
Little impact so fresh guidance issued
operative from 8.2.2007: Dual diagnosis in
mental health inpatient and day hospital
settings
July 15, Slide no: 29
Community Care Services - Housing
Residential accommodation can be ordinary
accommodation and the phrase is not
restricted to care homes or nursing homes
A need for care attention has been said to
mean a need to be ‘looked after’ (see R
(Wahid) v-Tower Hamlets LBC [2002] EWCA Civ
287).
July 15, Slide no: 30
Accommodation under NAA s.21
The primary power/duty
Part 3 of the National Assistance Act 1948 originally gave a power
to social services authorities to make arrangements for providing
residential accommodation for those who `by reason of:
•
•
•
•
age;
illness;
disability; or
any other circumstances
are in need of care and attention which is not otherwise available to
them'. Circular LAC(1993)10 translated the power into a duty and
includes people with mental health and dependency problems
July 15, Slide no: 31
Accommodation under NAA s.21
LAC (1993) 10 translated s.21 to a duty where
people are in need of care and attention as a
result of:
* age;
* illness;
* disability; or
* any other circumstances
and they will not get that care and attention if
accommodation is not provided for them.
July 15, Slide no: 32
Schedule 1 of LAC(93)10:
This LASSA guidance effectively converted s 21 NA48
into a legal duty.
Paragraph 2(1)
The Secretary of State hereby –
(b) directs local authorities to make arrangements under
section 21(1)(a) of the Act in relation to persons who
are ordinarily resident in their area and other persons,
who are in urgent need thereof, to provide residential
accommodation for person’s aged 18 or over who by
reason of age, illness, disability or other circumstances
are in need of care and attention not otherwise
available to them.
July 15, Slide no: 33
s.21 an untapped resource?
 Power becomes duty – LAC (93) 10
 The limitation – not if owed an accommodating
duty under other legislation
 The 5 key issues
1. What is “residential accommodation”?
2. Age illness disability or other circumstances
3. What “care and attention”
4. Not “otherwise available”
5. Asylum and Immigration limitations
July 15, Slide no: 34
1.What is “residential accommodation”?
 Can be ordinary residential accommodation
 Batantu
Lack or resources not a defence
Penfold case – we don’t do that so no point in
carrying out an assessment
 Wahid – if urgent need not met by Housing
under Part VI or VII then duty over to s.21
July 15, Slide no: 35
Accommodation for whom?
 Generally the applicant only (Wahid and O)
BUT
See Batantu – whole family
Khana – included carer
Hughes – included whole family as
mother primary carer
Division s.21/Part VII Mooney s.4.15 notes
July 15, Slide no: 36
2. Other circumstances?
At Appendix 1 the circular refers to:
 Mental disorder: Residential accommodation
can be provided for persons who are or have
been suffering from mental disorder, as well as
for the prevention of disorder.
 Alcohol or drug dependency: In this case
however the residential accommodation is for
those actually dependent (rather than for
prevention as above).
July 15, Slide no: 37
3. Need for care and attention
 Courts presume a generous interpretation: R v
Westminster CC ex p MPA+X
 Can be psychological as well as educational
social and medical needs: R v Avon CC ex p M
 Tests for s.21 operate independently of FACS: R
(N) v Lambeth
July 15, Slide no: 38
4. Not otherwise available to them
 Possibly residential; accommodation that a frail
elderly person can not afford to pay for
 See Hughes case special needs
accommodation falls under s.21 if urgent need
not being met
 Batantu
 People subject to immigration control
July 15, Slide no: 39
5. Still qualify when subject to immigration control
 Asylum + Immigration Acts
 Destitution plus test
 Nationality, Immigration and Asylum Act 2002
 Human rights exemptions
July 15, Slide no: 40
MHA 2007
CONTEXT
 Why?
 Reduced residential capacity – increased
demand 40k – 32k
 Mental health and the criminal justice system –
tables 3.5
 The Prevention Agenda
July 15, Slide no: 41
MHA 2007
1. A new broad definition of mental disorder
2. The 'treatability' and “care” tests are replaced
by an 'appropriate treatment test'
3. Changes to professional roles
4. The nearest relative rule has been amended
5. New safeguards are introduced to the use
of Electro Convulsive Therapy
July 15, Slide no: 42
MHA 2007
6. The introduction of Independent Mental
Health Advocates (April 2009)
7. Young People – age appropriate
accommodation and services.
8. Supervised community treatment is created
through the introduction Community
Treatment Orders
9. Changes to the operation of Mental Health
Tribunals
July 15, Slide no: 43
MHA 2007
10. Place of Safety
11. Amends the Domestic Violence and
Criminal Victims Act 2004
July 15, Slide no: 44
The grounds for compulsory admission are:
 it is in the interests of the “patients” health
 it is in the interests of the patient’s safety
 it is for the protection of other people
July 15, Slide no: 45
MHA 2007 changes
1. Replacement of the treatability test with
appropriate treatment is available
2. Pre-amendment conditions for Section 3:


mental illness,
severe mental impairment (sometimes referred to as the major
disorders),

mental impairment and psychopathic disorder.
3. New conditions:

Is suffering from mental disorder of a nature and degree which
makes it appropriate to receive hospital treatment
July 15, Slide no: 46
Community Treatment Orders
 Only apply to treatment sections
 Conditions must be attached but the subject has
no right of appeal to the MHRT – inviting
challenge under the Human Rights Act?
 Can appeal against the making of the CTO
 Fears – insufficient resources in the community
 Alternatives s.17 leave or Guardianship
July 15, Slide no: 47
Fears on CTO’s
“Many service users will not be discharged to
stable, staffed accommodation, so nobody will
have the foggiest idea what they are doing most
of the time, or whether they are taking their
medication unless it’s by injection administered
by a psychiatric nurse”.
July 15, Slide no: 48
Fears on CTO’s
“Most people who would comply when subject to
sanctions would comply without them, but some
would not comply regardless of sanctions and if
you put such people on an order, you would end
up being held responsible for behaviour which
you were powerless to control”.
July 15, Slide no: 49
Global perspective
 “In New Zealand where such orders have been
used for 20 years three quarters of patients are
treated under compulsion in the community.
Whatever the therapeutic benefits, hospital says
have been dramatically reduced to an average
of 9 days compared to the current UK average
of 35 days”.
July 15, Slide no: 50
Community Care Services – Other Services
 The identification of a need for services does not always give rise
to a duty to meet that need – see FACS
 In respect of these services, it is sometimes lawful for a social
services authority to leave an identified need unmet i.e. not
eligible
 Essentially the position is as follows:
Section 29 National Assistance Act 1948 provides a power to
promote the welfare of people with community care needs
That power is sometimes ‘made up’ to a duty e.g. by Section 2
of the Chronically Sick and Disabled Persons Act 1970
July 15, Slide no: 51
S2 of the Chronically Sick + Disabled Persons Act 1970
2(1) Where a local authority having functions under section 29 of the
National Assistance Act 1948 are satisfied in the case of any person to
whom that section applies who is ordinarily resident in their area that it
is necessary in order to meet the needs of that person for the authority to
make arrangements for all or any of the following matters, namely –
(a) the provision of practical assistance for that person in his home;
(b) the provision for that person of, or assistance to that person in
obtaining, wireless, television, library or similar recreational facilities;
(c) the provision for that person of lectures, games, outings or other
recreational facilities outside of his home or assistance to that person in
taking advantage of educational facilities available to him.
July 15, Slide no: 52
CSDPA s.2 continued
(d) the provision for that person of facilities for, or
assistance in, travelling to and from his home for the
purpose of participating in any services ……
(e) the provision of assistance for that person in
arranging for the carrying out of any works of
adaptation in his home or the provision of any
additional facilities designed to secure his greater
safety, comfort or convenience.
…then ….. it shall be the duty of that authority to make
those arrangements in exercise of the functions under
the section 29
July 15, Slide no: 53
The Mental Health Act 1983
Most accommodation provided by social services departments
to people with mental health difficulties is provided under
Section 21 National Assistance Act 1948.
 For a minority of people with mental health difficulties, services
(including accommodation) should be provided pursuant to section
117 Mental Health Act 1983 (for those who have been sectioned
under a treatment section)
 There are three distinct advantages for the service user.
- Services are virtually unlimited.
- There is no power to charge for such services
- Services must continue until both the health authority or
body and the social services authority agree that there is no need
for such services.
July 15, Slide no: 54
S.117 MHA 1983
 The duty to provide s. 117 MHA 83 services is a duty
jointly on the health and social services authority
 Section 117 services are ‘after care services’ that
should be put in place on discharge from hospital (for
those who are eligible).
 Those entitled to the provision of s117 MHA 83
services are those who were previously detained
under Sections 3, 37, 45A, 47 or 48 of the MHA 83.
July 15, Slide no: 55
Homelessness
Overlap between Part 7 Housing Act 1996 and community care
provision Structural links s.47 NHSCCA and s.213 homelessness
legislation
 People with mental health problems who are homeless or in
housing which does not meet their needs will also come within
the provisions of Housing Act 1996 Part VII .
 This places a duty on local housing authorities to secure that
suitable accommodation is made available for a person who is
homeless, in priority need and who did not become homeless
intentionally.
A person is homeless if s/he has no accommodation, which it would
be reasonable for him or her to continue to occupy
s175(3)HA1996.
July 15, Slide no: 56
Priority Need

There is no general obligation on local housing authorities to house everyone
who is homeless.

The Housing Act places a duty on housing authorities to provide only for
certain categories of people.

Which of these people has a priority need for accommodation under
s.189(1) Housing Act (1996):
(a) a pregnant women or a person with whom she resides or might
reasonably be expected to reside;
(b) a person with whom a dependant child resides or might reasonably
be expected to reside;
(c) a person who is vulnerable as a result of old age, mental illness or
handicap or physical disability or other special reason, or with whom a
person resides or might reasonably be expected to reside;
(d) a person who is homeless or threatened with homelessness as a result
of an emergency such as flood, fire or other disaster.
July 15, Slide no: 57
Priority Need
 The Secretary of State extended the classes of persons in priority
need in The Homelessness (Priority Need For Accommodation)
(England) Order 2002:
1. Persons aged 16 or 17 who is not a relevant child
2. Care leavers aged 18 to 21, plus three other groups who have lived
away from home
3. Persons who are vulnerable as a result of being looked after,
accommodated or fostered by a local authority or health authority.
4. A person who is vulnerable as result of having been a member of
the armed forces
5. A person who is vulnerable as a result of serving a custodial
sentence.
6. A person who is vulnerable as a result of having ceased to occupy
accommodation, by reason of violence or threats of violence which
are likely to be carried out.
July 15, Slide no: 58
The Test of Vulnerability –
Pereira Case
 The test of vulnerability is set out in the case of R V Camden ex
parte Pereira (1998) 30 HLR 317 CA as whether the applicant
 “would be less able to fend for himself so that injury or
detriment would result where a less vulnerable person would be
able to cope without harmful effects (when street homeless)”.
 Code of Guidance at paragraph 8.15 also states:
- that regard should be had to medical advice and that social
services advice should be sought but that the final decision on
the question of vulnerability will rest with the local authority.
- Housing authority should take into account the nature and
extent of the illness or disability and the relationship between
the illness and the disability and the individual’s housing
difficulties.
July 15, Slide no: 59
Additional elements of composite assessment
• An element of the assessment but not the
determinant test can be the applicant’s ability
to obtain and hold on to accommodation.
• Therefore housing history can be a
contributory element
• Any particular or special housing needs may
be an element
• Whilst a support package is not technically
an element of the assessment HPO’s are
greatly re-assured by such provision
July 15, Slide no: 60
The assessment of vulnerability
 Housing officers must seek the views of relevant
professionals
 Key issue for relevant professionals is to give their
professional opinion on the impact street
homelessness would have on their client
 Then for housing officer to assess whether this
would amount to injury or detriment that the
“average” homeless person would suffer
 Courts presume that HPO’s sufficiently
experienced to conceptualise “average homeless
person”
July 15, Slide no: 61
Key issues on vulnerability
 Dependency
 Courts sympathetic to those who have been through
detox and rehab and committed to staying clean
 If an applicant is heroin dependent and has no
commitment to addressing this then the courts cannot
see the relevance of housing to remedy the vulnerability
 Crossley v Westminster landmark case – 1st time the
courts have seen those who want to tackle their
dependency as vulnerable.
 Therefore evidence of engagement and commitment
can be key factors
July 15, Slide no: 62
Mental health issues + vulnerability
 Hall v Wandsworth – decision quashed LA had
applied the wrong test
 Carter v Wandsworth – decision quashed, LA
had preferred the view of their own medical
expert rather than the GP with NO apparent
good reason
 Tetteh v LB Kingston – LA do not have to spell
out the characteristics of the “average” HP. LA
had not even interviewed applicant who applied
from prison
July 15, Slide no: 63
Requesting a Community Care Assessment
 If you feel a person may be in need of community care
services, you can request an assessment to:
 Evidence Vulnerability
 Support evidence when challenging suitability of
accommodation.
 To establish whether a person is homeless.
 In issues of intentionality. If it appears that the person
has a learning difficulty or a mental health problem
then an assessment could establish that the person was
not able to commit a “deliberate act or omission” for
the purposes of s191 Housing Act 1996.
July 15, Slide no: 64
Housing Difficulties and Community Care
Services
 Tenants with mental health difficulties are
sometimes on the receiving end of possession
proceedings relating to:
- Rent arrears
- Nuisance
 Two possible bases for defence (which relate to
the clients mental health status) could be.
- Failure to assess
- Disability discrimination
July 15, Slide no: 65
Failure to assess
Local authority
 For local authority tenants a community care assessment under s47
National Health Service and Community Care Act 1990 does not
have to be requested.
Housing Association
 For Housing Association tenants it would not be possible to argue that
the landlord was in breach of the duty to assess.
 However the Housing Corporations Performance Standards require
Housing Associations to liase with local authority social services if it
appears that a tenant requires support.
Private sector
 If the client is an assured tenant in the private sector and proceedings
are brought on a discretionary ground, the proceedings can still be
defended on the basis that it would not be reasonable to make an
order.
July 15, Slide no: 66