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Supreme Court ruling will help vulnerable single homeless people find housing (18 May 2015)

Date: 18/05/2015
Duncan Lewis, Housing Solicitors, Supreme Court ruling will help vulnerable single homeless people find housing

A Supreme Court judgement has made the application of the “vulnerability test” much fairer for single homeless people – including women fleeing domestic violence and young people who are forced to leave their family home.

Online publisher 24Dash.com reports that the Supreme Court – the UK’s highest Appeal Court – considered the meaning of “vulnerability”.

The subsequent ruling changes the way councils must assess whether a single homeless person is vulnerable enough to qualify for re-housing.

The five-judge panel included both the president, Lord Neuberger, and deputy president, Lady Hale, of the Supreme Court.

The judgment centres on three joined appeals – Hotak v London Borough of Southwark, Kanu v London Borough of Southwark, and Johnson v Solihull Metropolitan Borough Council.

Housing charity Shelter has welcomed the ruling, saying that in some cases homeless people had been left without any support because they could not fulfil the criteria for being vulnerable.

"Before today’s judgement, in order to qualify for help a single person going to their local council would have to prove they were more vulnerable than other homeless people on the streets,” Shelter said.

“This led to people in desperate situations being left without any help – including women fleeing domestic violence, people with learning disabilities or mental health problems and young people forced out of the family home.”

Both Shelter and homeless charity Crisis submitted evidence to the Supreme Court.

Shelter went on to say that the ruling would ensure that “from now onwards local councils will have to assess whether someone is more vulnerable than any ordinary person who is made homeless, and therefore more likely to come to harm.

“This should make it easier for people to prove they are vulnerable – and make sure that local councils take full account of their individual circumstances”.

The chief executive of Shelter, Campbell Robb, added:

“At the mercy of an almost impossible test, thousands of vulnerable homeless people have been forced to sleep rough or pushed into dangerous situations.

“Today’s landmark ruling should make this a thing of the past, and mean the law rightly acts to protect those who need it most.

“Even in the face of council budget cuts and an affordable housing drought, we must ensure vulnerable homeless people get the help they are entitled to.

Crisis chief executive Jon Sparkes said after the hearing:

“This ruling represents a major step in tackling the injustice faced by so many single homeless people in England today.

“During our intervention in this case, the court heard evidence of just how horrific a homeless person’s life has to be before they qualify for council help.

“The average age of death for a homeless person is just 47 – they are over nine times more likely to commit suicide and 13 times more likely to be a victim of violence.

“It’s a scandal that someone facing this kind of life can be told they’re not vulnerable enough for help.

“The court is also clear that while councils are often under huge financial strain, this must not be used as an excuse for avoiding their legal duties.”

However, Mr Sparkes added that despite the ruing, there was still “a long way to go”, with the legal entitlements for single homeless people remaining inadequate.

“…many will still be turned away from help – cold, desperate and forgotten by wider society,” he added.

Duncan Lewis Housing Solicitors

Duncan Lewis is a leading firm of Legal Aid housing solicitors able to advise on all housing matters, including Local Authority housing, Section 193 of the Housing Act (council’s obligations to re-house), unlawful eviction and housing possession.

Duncan Lewis housing solicitors can also advise both public sector rental tenants and private sector rental tenants on issues such as disrepair, Landlord & Tenant disputes and unlawful eviction.

For expert legal advice on housing law, call Duncan Lewis housing solicitors on 020 7923 4020.


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