Priority need: how vulnerability is assessed

When you apply to the council as homeless, you will only be owed the full housing duty if the council decides you are in "priority need." For some groups, priority need is automatic, families with children and pregnant women are always in priority need. For others, priority need depends on whether you are assessed as "vulnerable."

Below, we set out how vulnerability is assessed and what you can do if the council says you are not vulnerable.

What does "vulnerable" mean in housing law?

The Housing Act 1996 gives the council a duty to house you if you are homeless and "vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason."

In practice, the test is whether you are significantly more vulnerable than an ordinary person would be if made homeless. A judge described it this way: would you suffer more harm than the ordinarily vulnerable homeless person if you had to sleep rough or manage without accommodation?

This is a high bar. The council does not automatically accept vulnerability just because you have a health condition.

What conditions or circumstances can support a vulnerability assessment?

The following are commonly accepted grounds for vulnerability, though each case is assessed individually:

Mental health conditions: depression, anxiety, psychosis, personality disorders, PTSD, or a history of mental health hospitalisation. The council must consider the impact of homelessness on your mental health specifically.

Physical disability or long-term illness: conditions that significantly affect your day-to-day functioning and would make you significantly more at risk if homeless.

Old age: there is no fixed age threshold. The council must consider whether age-related frailty or health conditions increase your vulnerability.

Having previously been in care: care leavers under 21 are automatically in priority need. Between 21 and 24, the council must consider whether a history in care makes you more vulnerable.

Having been in the armed forces: veterans are a special reason group, the council must consider whether your service history or the consequences of it (PTSD, physical injury, adjustment difficulties) make you vulnerable.

Having been in prison or custody: leaving custody is a recognised special reason, though not automatic priority need.

Domestic abuse history: the council must consider whether you are at continuing risk or whether the trauma and instability make you more vulnerable.

Substance dependency in conjunction with other factors: substance dependency alone does not automatically confer priority need, but combined with other factors it can be part of the picture.

How does the council assess it?

The council usually asks you about your circumstances during the homelessness interview and may:

• Ask you to provide medical evidence from your doctor or specialist
• Request a report from a support worker, social worker, or community nurse
• Carry out its own assessment or refer you for an independent medical assessment

The quality of the assessment varies between councils. Some carry out careful, evidence-based assessments; others make decisions too quickly and on too little evidence.

What evidence can you provide?

Strong supporting evidence includes:

• A letter from your doctor or psychiatrist setting out your diagnosis, treatment, prognosis, and why homelessness would significantly worsen your condition
• A letter from a community mental health team, support worker, or social worker
• Hospital discharge letters or referral letters
• A letter from your probation officer if you have recently been released from custody
• Evidence of domestic abuse, police reports, refuge records, IDVA referral

Generic letters are less persuasive than letters that address the specific test: why would you suffer significantly more harm than an ordinary person in the same situation?

What if the council decides you are not in priority need?

You have the right to request a review of the decision within 21 days. The review is carried out by a different officer and you can submit additional evidence.

If the review upholds the original decision, you can appeal to the county court on a point of law within 21 days of the review.

In the meantime, you may have a right to temporary accommodation pending the review, ask the council about this when you request your review.

When should I contact Support for Tenants?

If you are homeless or at risk of homelessness because of disrepair in your current home, for example, severe damp and mould making your home unfit to live in, call us on 0800 030 4669.

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

Sources

• Section 189, Housing Act 1996 (priority need) (legislation.gov.uk)

Related articles

• Priority need, homeless, what counts?
• How to apply as homeless to the council
• Suitability review, temporary accommodation