priority need homeless law

• The lecture is about Homelessness Law & Policy, specifically concerning "Priority Need".

Lecture Outline

• Part 1 is about the legal context and framework for determining 'priority need'.
• Part 2 covers the different categories that define priority need.
• Part 3 discusses priority need categories that don't involve vulnerability.
• Part 4 deals with vulnerability and the categories linked to it.
• Part 5 examines how medical evidence is used in assessing priority need.
• Part 6 provides reflections on the topic.
• Abbreviations: LA means local authority, and App means applicant.

Part 1: Context & Legal Framework

• Before the Homelessness Reduction Act (HRA) 2017, a bigger distinction existed.
• There was a major difference between duties to those in "priority need" and those not.
• "Priority need" predominantly included families with dependent children and specific single people.
• The local authority's duty to people not in priority need was limited to providing advice.
• Changes Introduced by HRA 2017:
• The aim was to extend some help to all applicants, including those not in priority need.
• All applicants are offered PREVENTION and RELIEF duties if already homeless
• During the 'relief duty' period (up to 56 days), applicants might get assistance in finding accommodation, regardless of priority status.

Local Authority Duties

• Prevention and relief duties apply whether an applicant is in priority need or not.
• But priority need matters for s.188 interim duty.
• Prevention Duty (for up to 56 days) includes providing a housing needs assessment along with a personalised housing plan.
• Relief Duty (for up to 56 days) involves reasonable steps to secure suitable accommodation.
• There is also also a housing needs assessment and a personalised housing plan
• There is a duty from the time of application to provide immediate accommodation if the applicant may be eligible, homeless, and in priority need.
• If the applicant remains homeless after 56 days, the ‘main housing duty' applies if the applicant is eligible, homeless, in priority need, and not intentionally homeless.

Why Priority Need Matters

• It is important at the initial application stage.
• There is a Duty to provide 'interim accommodation' immediately if the applicant potentially meets specific criteria.
• The criteria are that they may be homeless, eligible for assistance, and in priority need
• It matters later if the applicant is still homeless 56 days after application ends, at which point relief duty ends.
• 'Priority need is of critical importance' in fulfilling the suitable accommodation available.

Significance of the ‘Full Housing Duty’

• Housing authorities have a 'full housing duty' to secure suitable accommodation if these conditions are all met in s.193(2):
• The person is ELIGIBLE for housing assistance.
• The person is HOMELESS.
• The person has PRIORITY NEED.
• The person is NOT INTENTIONALLY HOMELESS.
• If the person lacks a local connection, the local authority may refer the person to another local authority.

Code of Guidance

• It exists for local authorities and provides guidelines on homelessness.
• This Code is issued by the relevant government department – MHCLG.
• The Code isn't a substitute for statutory law and case law i.e. it just provides guidance.
• Local authorities must have regard to this Code.
• The Code is useful for both lawyers and students.
• It's important to refer to the law and relevant Code sections, and not just the Code alone.

Part 2: Categories of Priority Need (Section 189, Housing Act 1996)

• Priority need for accommodation applies to:
• Pregnant women or those whom they reside with or might reasonably be expected to reside with;
• People with whom dependent children reside or whom and might reasonably be expected to reside with;
• Vulnerable individuals due to old age, mental illness, handicap, or other special reason, or those with whom they reside or might reasonably be expected to reside;
• Those homeless due to an emergency like flood, fire, or disaster;
• Those homeless as victims of domestic abuse.
• The Secretary of State can add priority need categories by order.
• 'Domestic abuse' has the meaning given by s. 1 of the Domestic Abuse Act 2021

Additional Priority Need Categories

• These exist as per the 2002 Order
• Children aged 16 or 17 are on the list, unless housed through social services.
• Young people under 21 who were “looked after" children after reaching 16 but before 18 years are listed.
• People vulnerable due to institutional backgrounds are listed.
• People over 21 who are vulnerable because they have been looked after, accommodated or fostered.
• People who are vulnerable due to having been a member of the armed services are listed.
• People vulnerable due to having been in prison are listed.
• People who are vulnerable as a result of violence.
• Violence does not include domestic abuse as defined in the Domestic Abuse Act 2021.

Part 3: Priority Need, not based on Vulnerability

• Pregnancy, per s.189(1)(a).
• People with whom dependent children reside or might reasonably be expected to reside with, as per s.189(1)(b).
• This is outlined in the Council of Guidance.
• Homeless persons due to an emergency are in this case.
• Persons aged 16 or 17 as per the 2002 Order.
• Young people under 21 who were looked after children between 16 and 18 are in this situation too.
• Again, this is as per the 2002 Order.
• Homelessness as a result of domestic abuse [s.189(1)(e)] is also on the list.

‘Vulnerability’

• Must be in a specified category AND vulnerable, as identified in the Crossley case.
• Priority need is based on vulnerability
• Must be in a specified category AND vulnerable "a single composite test".
• old age, mental illness or handicap or physical disability or other special reason (s.189(1)(c) HA 1996), falls in this situation
• Violence (2002 Order, para 6) - vulnerable as a result of ceasing to occupy accommodation by reason of violence.

Priority Need Based on Vulnerability: Some Cases

• Crossley v Westminster City Council [2006] EWCA Civ 140:
• The case stated is a Single composite test
• It was suggested that LA should consider the combined impact on the Applicant.
• RB Kensington & Chelsea ex p Kihara (1997) 29 HLR 147:
• Suggests there needs to be 'unusual gravity'.
• Is it self-inflicted ? See R v. Waveney District Council ex parte Bowers [1983] QB 238

Vulnerability: Case Pre-Hotak

• R. v Camden LBC Ex p. Pereira (1999)
• The judge stated the question was whether the person vulnerable due to a defined reason.
• The test of 'vulnerable' was whether P when homeless was less able to fend for himself than an ordinary homeless person, etc...
• The 'accepted' test applied became: Less able to fend for himself than an ordinary (street) homeless person BUT.
• In 2015 in Hotak the Supreme Court disapproved of Pereira.

Hotak: Supreme Court Decision

• The case invovled multiple homeless people i.e. Sifatullah Hotak, Patrick Kanu, Craig Johnson
• Key issues:
• Does vulnerability require comparison?
• Can the Local Authority (LA) take care and assistance into account?
• What is the effect of the public sector equality duty when an applicant who is homeless is disabled?

Supreme Court: Vulnerability (Hotak)

• Vulnerability is not stand alone vulnerability, but vulnerability linked to homelessness.
• Look at particular characteristics and situation of the applicant in the round.
• Resources of the Local Authority (LA) have no significance in deciding whether the applicant is vulnerable.

Vulnerability: Supreme Court (cont’d)

• Use of statistics is very dangerous.
• The persons in certain sections are not in priority need because they are vulnerable, so analogies are unhelpful.
• It is 'plainly wrong' to say LA is non-essential.
• A one stage test i.e. composite test should be used.

Supreme Court

• The 'consistently adopted by the Court of Appeal' approach indicates = 'significantly more vulnerable than ordinarily vulnerable' is a result of being rendered homeless.
• Therefor, vulnerability is a comparative concept.
• So what does 'significantly more vulnerable' mean? You compare.
• Applicant be compared should be compared with an ordinary person if made homeless.

Paniayiotou Case

• Significantly more vulnerable – what does it mean?
• Are there specific conditions?
• Has a qualitative or a quantitative test been used?
• Court held i.e. significantly = a qualitative test, about relevance.
• Questions are whether harm and or detriment would make noticeable differences to his ability to deal with homelessness.

Supreme Court (Hotak)

• Impact of 3rd party support on vulnerability
• "vulnerable applicant might not be vulnerable if provided with 3rd party care and support".
• Contextual and medical ability should be assessed if he is rendered homeless, as there needs to be a medical test.
• It is not automatic, there must be evidence and support.

Equality Duty

• The Equality Duty must be exercised in substance, with rigour, and with an open mind.
• Words can lead to no more than formulaic and high-minded mantras :
• (i) the applicant is under a disability as a result?
• (ii) the extent of such disability
• (iii) the likely effect of disability and homelessness is a risk
• (iv) applicant results and or results becomes vulnerable?"

Part 5: Medical Evidence

• LA authorities must put issues to applicant, not necessarily everything.
• This is also in reference to external medical consultants; it's also good to get independent medical assessor advice.

Guise: Medical Evidence

• Lifelong thyroid condition causing convulsions if not treated; medicine needed to be stored i.e. cold at correct temperature.
• The Local authority rejected Dr Freedman's opinion and relied on ‘Now medical' - medics did not meet or speak, and what did the Court of Appeal say?

Reflections on Vulnerability

• Important concepts and quotes have been identified which reflect how an applicant is vulnerable, there are a selection of stereotypes too.
• The single homeless is not further divided.

Explore the changes introduced by the Homelessness Reduction Act 2017 in the UK. Understand assistance, 'relief duty', and vulnerability assessments. Learn how local authorities support homeless applicants.