Mwanza, R (on the application of) v London Borough of Greenwich & Anor

Mwanza, R (on the application of) v London Borough of Greenwich & Anor

Greenwich Council lawfully terminated its section 117 duty in 2001 after concluding the claimant no longer required after-care services arising from his mental disorder. The claimant's current need for accommodation arises from destitution due to immigration status, not his mental disorder, and thus does not trigger...

Source-derived case information.

Parties
Claimant: Michael Mwanza; First Defendant: London Borough of Greenwich; Second Defendant: London Borough of Bromley
Jurisdiction
England and Wales
Judgment Date
15 June 2010
Procedural Posture
Judicial Review / Substantive Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Section 117 Mental Health Act 1983, Section 21 National Assistance Act 1948, After Care Services, Local Authority Duties, Immigration Status and Public Funds, Judicial Review, Delay in Public Law Claims
Administrative Law Mental Health Law Immigration Law Social Welfare Law Section 117 Mental Health Act 1983 Section 21 National Assistance Act 1948 After Care Services Local Authority Duties +3 more

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Summary, issues, holding and outcome

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Parties

Michael Mwanza

Claimant

London Borough of Greenwich

First Defendant

London Borough of Bromley

Second Defendant

Procedural Posture

Judicial Review / Substantive Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether Greenwich Council owes a continuing duty under section 117 of the Mental Health Act 1983 to provide accommodation to the claimant
  2. 2 Whether Bromley Council owes a duty under section 21 of the National Assistance Act 1948 to accommodate and support the claimant
  3. 3 Whether the claimant's need for accommodation arises from his mental disorder or from destitution due to immigration status

Ratio Decidendi

Greenwich Council lawfully terminated its section 117 duty in 2001 after concluding the claimant no longer required after-care services arising from his mental disorder. The claimant's current need for accommodation arises from destitution due to immigration status, not his mental disorder, and thus does not trigger section 117. Bromley Council's section 21 duty is not triggered as the claimant's care needs are met by his wife, and his immigration status precludes section 21 assistance. There is no arguable breach of human rights in refusing assistance.

Court Disposition

Claim dismissed

Orders

  • Permission to bring section 117 claim refused due to delay and lack of merit
  • Permission granted on section 21 claim but substantive application dismissed