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所有案例
Social Housing
Supreme Court
2017

R (Poshteh) v Kensington and Chelsea RLBC

[2017] UKSC 36

判决理由

Whether a person is vulnerable for the purposes of priority need under the homelessness legislation requires comparison with an ordinary person if made homeless, not with an ordinary person generally.

事实

An asylum seeker with mental health difficulties was refused priority need status. The authority compared his vulnerability to that of an ordinary person, not an ordinary homeless person.

判决摘要

The Supreme Court clarified the comparator for assessing vulnerability under s.189(1)(c) Housing Act 1996: the question is whether the applicant would be significantly more vulnerable than an ordinary person who is homeless.

关键引述

"The comparison should be with an ordinary person if made homeless, not with an ordinary person."

Lord Neuberger

后续处理

Applied

Applied in all subsequent vulnerability assessments under homelessness legislation.