Priority need — who gets housing the same day
Priority need = categories the council MUST give interim accommodation the same day (s.188 Housing Act 1996) and (if 56-day relief duty fails) main duty under s.193. Governed by s.189 + Order 2002 + DAA 2021. Most disputes with councils are about priority need.
Automatic categories (vulnerability test NOT required)
Vulnerability test (Hotak)
You are vulnerable if, in the event of homelessness, you would be «significantly more vulnerable than ordinarily vulnerable as a result of being rendered homeless».
Comparison with the ordinary person if made homeless — NOT with the ordinary homeless person. This is critical: the council CANNOT say «all homeless people suffer equally».
«Significantly» is qualitative, not quantitative (Panayiotou v Waltham Forest [2017] EWCA Civ 1624). A noticeable difference in ability to cope with homelessness is enough.
Categories under vulnerability test
Evidence to gather
- GP letter with diagnoses + specifically: «how homelessness will worsen the condition»
- Hospital / consultant letters — psychiatric reports especially carry weight
- Mental health team / IAPT records, correspondence
- Social services assessments (s.17 Children Act, Care Act 2014)
- Charity letters: Helen Bamber Foundation / Freedom from Torture (for survivors), Rape Crisis, IDVA, Refugee Council casework
- Country evidence for refugees: torture / trauma reports
- Letters from family / support workers describing functional limitations
Many councils outsource medical assessment to firms like NowMedical. Their doctors never see you and work from paper only.
Per Guiste v Lambeth [2019] EWCA Civ 1758, the Court of Appeal held that the council must justify why it preferred a paper-only opinion over your treating GP / consultant.
Strong basis for s.202 review. In review, request the NowMedical report + the doctor's qualifications (often less than your treating consultant's).
Common unlawful refusals
Frequently asked questions
What does «automatic» priority need mean?
No need to take the vulnerability test. Council must accommodate you the same day. Categories: pregnancy, dependent children, 16-17 year olds, care leavers 18-20, emergency (fire/flood), domestic abuse (since 5 July 2021).
What is the vulnerability test after Hotak?
Per Hotak v Southwark [2015] UKSC 30 — you are vulnerable if, in the event of homelessness, you would be SIGNIFICANTLY more vulnerable than an ordinary person (NOT «the ordinary homeless person»). Council must do a composite assessment of all your circumstances.
The council says «you have family — they'll help». Is that lawful?
Only if that help is consistent and predictable (Hotak). Hypothetical help doesn't count. In Kanu v Southwark, the Supreme Court overturned a decision where the council assumed the wife and son would «provide» without checking.
The council refused based on a paper-only medical opinion. What can I do?
Per Guiste v Lambeth [2019] EWCA Civ 1758 — that's a weak basis, especially if your GP / consultant has examined you. The council must justify why it preferred a NowMedical-style opinion. Submit a s.202 review within 21 days.
My children live with me on shared residence. Am I priority need?
Likely yes. Code of Guidance Ch 8 para 8.10: presumption towards shared residence. Doesn't need to be 50/50. Evidence: court order, school letters, correspondence. If the council refuses — s.202 review.