Denying the severity of mental health problems to deny rights to the homeless

Abstract

This paper looks at the way decisions are made by local authorities under Housing Act 1996, Part 7, in relation to single homeless people who claim to be vulnerable due to mental health problems. The Act provides no definition of vulnerability, and there has been a plethora of cases which have examined its meaning. Through consideration of reported court cases the paper shows how local authorities have tried to limit their duties to those with mental health problems and how the courts have generally been willing to uphold such an approach. It then considers how authorities use medical evidence in making these decisions and in particular the role of the independent firm NowMedical. The most recent case law has begun to limit the way in which the decisions of NowMedical can be seen to override the evidence from applicants’ own medical advisers.