Supreme Court to hear case on homelessness, vulnerability and priority need

The Supreme Court has agreed to hear a case on the matters to be taken into account when deciding whether a homeless person is ‘vulnerable’ for the purposes of the Homelessness Act 1996.

In Hotak v London Borough of Southwark [2013] EWCA Civ 515 it was accepted that the appellant, who had learning difficulties, was unintentionally homeless and eligible for assistance. However, the local authority concluded that because he received support from his brother – and there was no reason to believe that he would no longer receive this if they became ‘street homeless’ – he was not vulnerable and did not have a priority need.

The Court of Appeal ruled that the council’s reviewing officer was not required to make an assessment of vulnerability in isolation from the applicant’s known personal circumstances, which could include whether the applicant received support from another party.

Lord Justice Pitchford said that if the effect of the evidence demonstrated that, by reason of the personal support from his brother, willingly given, the applicant would be no less able to fend for himself than would a man without a qualifying disability, the applicant would not have demonstrated that he was “vulnerable as a result of mental...handicap...or other special reason”. 

See also: Homeless persons, vulnerability and personal circumstances by Paul Brown QC, counsel for the appellant in Hotak, on the Court of Appeal ruling.