tort Flashcards
(56 cards)
What is the primary focus of the lecture on homelessness law and policy?
The legal context and framework for the test of ‘priority need’
The lecture outlines various parts including categories of priority need, non-vulnerability priority need categories, and the use of medical evidence.
What significant change did the Homelessness Reduction Act 2017 introduce?
Extended help to all applicants, including those not in priority need
This act aimed to provide prevention and relief duties regardless of priority need status.
What is the ‘relief duty’ period for applicants who are homeless?
Up to 56 days
During this period, reasonable steps are taken to help secure suitable accommodation.
Under which section does a local authority have a duty to provide immediate accommodation?
Section 188 Housing Act 1996
This duty arises if the applicant may be eligible, homeless, and in priority need.
List the four elements required for a local authority to have a ‘full housing duty’ under section 193(2).
- The person is ELIGIBLE for housing assistance
- The person is HOMELESS
- The person has PRIORITY NEED
- The person is NOT INTENTIONALLY HOMELESS
True or False: The Homelessness Code of Guidance is a substitute for statutory law.
False
The Code is guidance, not law, but local authorities must have regard to it.
What categories of individuals have a priority need for accommodation according to section 189 Housing Act 1996?
- Pregnant women
- Persons with dependent children
- Vulnerable persons (old age, mental illness, disability)
- Persons homeless due to emergencies
- Victims of domestic abuse
Fill in the blank: The priority need for accommodation includes persons aged _______ who are looked after children.
16 or 17
This is specified in the 2002 Order under para 3.
What constitutes vulnerability based on the categories linked to vulnerability?
- Old age
- Mental illness or handicap
- Physical disability
- Institutional backgrounds
- Violence from another person
What does the case law suggest about the comparison required to establish vulnerability?
Vulnerability is a comparative concept
It requires comparison with an ordinary person if made homeless, not an ordinary homeless person.
What is the significance of the Supreme Court decision in Hotak regarding vulnerability?
Vulnerability linked to homelessness, considering characteristics and situation of the applicant
It emphasizes that resources of the local authority do not influence the vulnerability assessment.
What does ‘significantly more vulnerable’ mean in the context of homelessness?
The applicant suffers or is at risk of suffering harm or detriment that an ordinary person would not
This was clarified in the Panayiotou case, indicating a qualitative assessment.
What is the role of local authorities when an applicant has no local connection?
They may refer the person to another local authority
This is part of the housing assistance duties outlined in the law.
What happens if the applicant is homeless but not in priority need?
There is no ongoing duty from the local authority
This means the applicant may not receive further assistance.
What does the term ‘other special reason’ refer to in the context of priority need?
Conditions that make a person vulnerable beyond standard categories
This can include various personal circumstances that affect housing security.
What type of test does the court consider significant in determining vulnerability?
A qualitative test about relevance
The test assesses whether an applicant would suffer or be at risk of suffering harm or detriment that an ordinary person would not.
What is the key question in assessing vulnerability according to the court?
Whether the applicant would suffer harm or detriment that makes a noticeable difference to their ability to deal with homelessness
This is based on characteristics defined in s.189(1)(c).
How can third-party support affect an applicant’s vulnerability?
An otherwise vulnerable applicant might not be considered vulnerable if provided with consistent and predictable third-party care and support
This requires a contextual assessment of their physical and mental abilities.
What must the decision regarding vulnerability be based on?
Evidence
The level of support needed to remove vulnerability may be unreasonably high.
What does the Equality Duty require in the context of vulnerability?
It requires a rigorous and open-minded assessment of the applicant’s disability and its effects
It should focus on whether the applicant is disabled, the extent of the disability, its likely effects when homeless, and resulting vulnerability.
What must local authorities do regarding inquiries into an applicant’s situation?
Put issues to the applicant, focusing on the generality of adverse material
This is highlighted in cases like R. v Tower Hamlets LBC, Ex p. Rouf.
What role does an independent medical assessor play in vulnerability assessments?
They provide an independent evaluation of the applicant’s medical condition
This is supported by cases such as Hall v Wandsworth LBC.
What was the outcome of the case Guiste v The London Borough of Lambeth?
The local authority rejected the psychiatric report and relied on an opinion from medics who did not assess the applicant
This highlights issues regarding the reliance on medical opinions in vulnerability assessments.
What is a critique regarding how homelessness claimants are categorized?
Claimants who do not conform to gender stereotypes face more scrutiny and risk of exclusion
This reflects a broader societal issue in handling homelessness.
