Decision

To seek and obtain legal advice regarding the council's ongoing housing duty to xxx and whether the duty can be discharged in light of concerns about her capacity to maintain a tenancy, including consideration of any proposal for a tenancy to be held in trust on her behalf.

Reasons for the decision

The council owes xxx the main housing duty under section 193 of the Housing Act 1996. Information provided by her social worker indicates that she currently lacks executive capacity to maintain a tenancy due to fluctuations in mental health, emotional dysregulation and substance misuse issues. Legal advice is required to determine the council's statutory obligations and the appropriate course of action should West Sussex County Council propose a tenancy trust arrangement.

Alternative options considered

• Discharging the housing duty on the basis of lack of capacity without obtaining legal advice. Rejected due to the complexity of the legal issues and the potential for a tenancy to be held in trust.
• Deferring any decision regarding discharge of duty until legal advice has been obtained. Considered appropriate pending clarification of the council's legal position.