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R (B) v Lambeth LBC
[2006] EWHC 2363 (Admin), (2007) 10 CCLR 84
 
19.122R (B) v Lambeth LBC [2006] EWHC 2363 (Admin), (2007) 10 CCLR 84
A local authority is under a duty to secure alternative accommodation under section 117 straightaway when it has assessed the need as existing
Facts: B faced housing possession proceedings brought by her landlord, Lambeth, on account of her nuisance to neighbours. However, Lambeth owed her the after-care duty under section 117 of the MHA 1983. It undertook an assessment, that the problem with the neighbours was insoluble and B required alternative accommodation. It did not, however, intend to offer her alternative accommodation until shortly before the hearing of the possession proceedings.
Judgment: Deputy High Court Judge Gilbart held that Lambeth was plainly in breach of section 117 of the MHA 1983 and that in the light of its own assessment it was untenable for it to suggest that B’s accommodation would remain suitable until a possession order was made.
R (B) v Lambeth LBC
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