header-logo header-logo

19 May 2015
Issue: 7653 / Categories: Legal News
printer mail-detail

Supreme Court broadens meaning of "vulnerable"

Local authorities may have to review thousands of applicants for accommodation after the Supreme Court broadened the meaning of “vulnerable”.

In Hotak, Johnson and Kanu v London Borough of Southwark & Anor [2015] UKSC 30, the Supreme Court overturned the Pereira test for vulnerable homeless people (R v Camden LBC, Ex p Pereira [1998] EWCA Civ 863). The three appeals concerned the duty of local housing authorities towards homeless people who claim to be “vulnerable” and therefore have a “priority need” for accommodation under the Housing Act 1996. 

“Priority need” is given to pregnant women, people with dependent children, people threatened with homelessness due to an emergency such as fire or flood, and those who are “vulnerable” as a result of “old age, mental illness or handicap or physical ability or other special reason”.

Matt Hutchings of Cornerstone Barristers, who represented Shelter and Crisis, interveners in the appeals, says: “The Supreme Court overturned the test that has been used by local authorities for 16 years to decide whether a homeless person is ‘vulnerable’ and so in priority need of accommodation. 

“Previously, under guidance given by the Court of Appeal in the case of Pereira, applicants had to show that they were more vulnerable than an ‘ordinary homeless person’. Statistics showed that such a person was likely to suffer from very poor mental and/or physical health. So the test became ‘more vulnerable than the vulnerable’. 

“The Supreme Court decided that this was wrong, and the correct test was ‘more vulnerable than an ordinary person’. In so doing, they have reinstated the original intention of Parliament.”

In his judgment, Lord Neuberger said: “It does not seem probable that Parliament intended vulnerability to be judged by reference to what a housing officer thought to be the situation of an ordinary actual homeless person. Such an assessment would be more likely to lead to arbitrary and unpredictable outcomes than if one takes the ordinary person if rendered homeless, and considers how the applicant would fare as against him.”

He added that local authorities are required to make provision even where households include adults in reasonable physical health.

 

Issue: 7653 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll