header-logo header-logo

31 March 2017 / Sophie Bell , Satvir Sahota
Issue: 7740 / Categories: Features , Public
printer mail-detail

Serious consequences

nlj_7740_bell

Is Hotak’s bite now worse than its bark? Sophie Bell & Satvir Sahota examine vulnerability decisions in homeless cases

  • The judgments in AS v Westminster and II v Westminster provide useful guidance on how local authorities should be addressing the question of vulnerability post- Hotak and on potential grounds for appeal.

The landscape for assessing the vulnerability of homeless applicants was expected to change dramatically with the decision in Hotak v the London Borough of Southwark [2015] UKSC 30, [2015] 3 All ER 1053 in the Supreme Court in 2015. Celebration among those who advise homeless applicants was nevertheless short-lived. Local authorities were clearly of the view that they could continue to use all the tools and arguments previously at their disposal to avoid making findings of vulnerability. We highlight two recent appeals in the county court suggesting that the hopes of applicant lawyers were not misplaced. The judgments provide useful guidance on how local authorities should be addressing the question of vulnerability post-Hotak and on potential grounds for appeal.

Background

When an applicant makes a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
Financial protections for domestic abuse victims would be strengthened and cohabiting couples be given inheritance and separation rights, under historic government proposals
Doctors and nurses could be sued for mistakes made by the artificial intelligence (AI) equipment they use to treat patients, researchers have warned
The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
back-to-top-scroll