Guardianship under the Mental Health Act

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    I have a claimant who has been received into the guardianship of Social Services. One of the conditions of the guardianship is he is required to live at a certain address. It is not residential accommodation, but does the fact he is required to live there by Social Services preclude him from HB? The claimant is 20 years old.


    Kevin D

    Um, ok. As no one else has dared respond, I’ll take a chance.

    Maybe I’m wrong, but aren’t Social Services responsible for the costs in these circumstances? This being on the grounds that the person is in the care of Social Services; distinguished from merely receiving care from them (or on their behalf).


    I’d back that Kevin. Social Services have obtained the accommodation so are liable for the costs (IMHO).

    Do I know what I'm doing? The jury's out on that........................


    Think I disagree with Kevin & junderw.

    The guardian basically has a number of powers from s7 MHA 1983 aimed at ensuring a patient requiring treatment receives it. The main ones are:

    Requirement to live at a specific address.
    Requirement to attend treatment.
    Requirement to give access to a social worker/health worker etc.

    Although a guardian is, almost invariably, the L.A. this does not always have to be the case. It may be a relative etc.

    I do not think that social services would be responsible for housing costs just because a person has been received into guardianship.

    NB: There was talk of changing the law regarding this matter early last year & I do not know what hgappened – it may be worth investigating the current situation.

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