Priority need for homelessness: what counts and what doesn't

When you apply to the council as homeless, they look at one big question. They check if you are in "priority need". This is a legal test. If you have priority need, the council has a stronger duty to house you. If the council says you do not have it, you can challenge that decision. Here is what the law says.

The short answer

Priority need is set out in the Housing Act 1996 and the Homelessness (Priority Need for Accommodation) (England) Order 2002. The main groups are: families with dependent children, pregnant women, and people who are vulnerable. You can be vulnerable through old age, mental illness, physical disability, or another special reason. It also covers people made homeless by an emergency, and care leavers under 21. These groups are wider than many people think.

Who has priority need?

Households with dependent children

Do you have a child under 16 who normally lives with you? Or a child under 19 who is in full-time education? Then you have priority need. "Normally lives with you" can include shared custody. This is where the child stays with you for big parts of the time.

Pregnancy

A pregnant woman has priority need. It does not matter what stage of pregnancy she is at.

Emergency homelessness

Sometimes a fire, flood, or other emergency destroys your home. Or it makes your home unfit to live in. If this happens, you have priority need.

Care leavers (16–17 year olds)

A 16 or 17 year old who applies as homeless has priority need. A care leaver under 21 also has priority need.

Vulnerability

This group is argued over the most. You are in priority need if you are vulnerable because of:

• Old age
• Mental illness or learning disability
• Physical disability
• Having spent time in care, the armed forces, or custody
• Fleeing violence or threats of violence (including domestic abuse)
• Any other special reason

Here "vulnerable" has a set meaning. It means you are much less able to cope on your own than an ordinary person. So much so that you would come to harm or injury if you were not housed.

The courts have confirmed that vulnerability is not limited to the groups listed. It is open-ended. Maybe you have a health condition, a disability, or a past that makes you much less able to cope with being homeless. If so, you may be vulnerable under the legal meaning.

Common examples that often qualify as vulnerability

• A person with a serious mental health condition (depression, PTSD, schizophrenia, bipolar disorder) who has been hospitalised or is currently receiving community mental health care
• A person with a physical disability that limits mobility or self-care
• An older person who is frail, even if not formally diagnosed with any condition
• A person with a long-term illness (cancer, HIV, serious respiratory disease) who would struggle to manage without stable housing
• A person fleeing domestic abuse
• A person with a learning disability
• A person who has recently left prison or the armed forces

What the council must do

When you apply as homeless, the council must check if you have priority need. They must look at all the information you give them. Do you have a health condition, a disability, or another vulnerability? Then tell the council in writing. Send proof to back it up. A letter from your doctor or consultant is helpful.

The council cannot refuse to check your priority need. They might say at first that you are not in priority need. Even then, you can ask them to review that decision within 21 days.

If the council decides you do not have priority need

Ask for a statutory review under Section 202 of the Housing Act 1996. You have 21 days from the day you get the decision to ask for a review. Write a statement that says why you think the decision is wrong. Add any extra proof of your vulnerability. The review may still go against you. If it does, you can appeal to the county court on a point of law within 21 days.

Priority need and disrepair

Maybe your home is in such bad repair that it is no longer reasonable for you to stay there. If so, you may count as homeless under Section 175 of the Housing Act 1996. If you also have priority need, the council has a stronger duty to house you. You can run both routes at the same time. One is the disrepair claim. The other is the homelessness application.

When should I contact Support for Tenants?

Are you homeless, or at risk of homelessness, and your housing also has serious disrepair? Then call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 189, Housing Act 1996 (priority need) (legislation.gov.uk)
• Section 202, Housing Act 1996 (right to review) (legislation.gov.uk)

Related articles

• Homeless or being evicted, what to do
• How to apply as homeless to the council
• Challenging a Section 184 homeless decision
• The council says they can't rehouse me without a court order