Hotak v Southwark London Borough Council

Subject Matter

LOCAL GOVERNMENT — Homeless persons — Priority need — Applicant with learning and other difficulties living with and relying on brother — Applicant subsequently presenting as homeless — Local housing authority finding applicant not “vulnerable” and so not in priority need — Housing authority taking into account continuing assistance received from brother — Whether housing authority in assessing priority need entitled to consider third party personal support received by applicant — Housing Act 1996, s 189(1)(c)

[2013] EWCA Civ 515; [2013] PTSR 1338; [2013] LGR 781; [2013] HLR 32; [2013] WLR (D) 180; The Times, 4 July 2013; [2013] BLGR 781, CA

LOCAL GOVERNMENT — Homeless persons — Priority need — Applicants with mental and physical health problems presenting as homeless — Local housing authority comparing applicants with ordinary homeless persons and finding them not “vulnerable” and so not in priority need — Housing authority taking into account continuing support received by certain applicants from family members — Whether housing authority using correct comparator — Whether housing authority in assessing priority need entitled to consider third party personal support received by applicant — Whether public sector equality duty adding to authority’s duty under homelessness legislation — Housing Act 1996, s 189(1)(c) — Equality Act 2010, ss 15, 149

[2015] UKSC 30; [2016] AC 811; [2015] 2 WLR 1341; [2015] PTSR 1189; [2015] 3 All ER 1053; [2015] HLR 23; [2015] WLR (D) 224; The Times, 25 May 2015; Case details; [2015] BLGR 530, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
Case Comment: Hotak v London Borough of Southwark [2015] UKSC 30 [2015] Cas Com 37