The content of these webpages have been provided by external legal advisors Fieldfisher and Baker McKenzie. It has been made available to St Mungo’s staff and clients to help understanding of relevant areas of the law but is not a replacement for official legal advice and we are not legal advisors. Professional legal advice should always be sought for your own individual circumstances.
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In England, hospitals that provide inpatient care, urgent treatment centres, and emergency departments all have a duty to refer Clients to the local authority homelessness/housing options team of their choice where they are homeless/likely to become homeless within 56 days.
The Mental Capacity Act 2005 (the “Act”) aims to protect and empower vulnerable people who may lack the mental capacity to make some decisions. The Act applies to everyone working in health care, social care and other sectors who are involved in the support and treatment of people.
For homelessness to be intentional, a person must have lost their home due to something they have deliberately done (or failed to do). The authority must then decide whether the loss of the home was reasonably likely to result from the person’s action (or failure to act).
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