The case: A statutory appeal under the Housing Act 1996, s 204 ("the 1996 Act") against a decision of the Respondent local authority to the effect that the Appellant was homeless and eligible for assistance, but that he was not in priority need. 

 

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Commentary:  This case did not involve expert psychiatric evidence although the local authority’s reviewing officer had evidence as to the appellant’s mental health from primary care and mental health services. However, expert psychiatric evidence is sometimes obtained in such cases.

 

Learning point:

 

Where there is an issue as to homelessness assistance under the Housing Act 1996, the test for vulnerability arising from mental illness or handicap is a functional test: if there is a mental illness or handicap, make it clear whether or not, and if so to what extent and in what way, this affects the person’s ability to cope with homelessness.