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Applicants with mental and physical health problems presenting as homeless Hotak, Kanu, and Johnson [2015] UKSC 30; [2015] WLR (D) 224

2 June 2015

SC(E): Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond DPSC, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Hughes JJSC

• 13 May 2015

When considering whether a homeless person had priority need for housing as a "vulnerable" person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.

The Supreme Court so held (Baroness Hale of Richmond DPSC dissenting in part) in three appeals. (1) The court dismissed the appeal of the applicant, Sifatullah Hotak (acting by his brother and litigation friend Ezatullah Hotak) against the decision of the Court of Appeal (Moore-Bi...

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