Vulnerability under homelessness legislation

Under Section 189 of the Housing Act 1996, a homeless person will have a priority need for rehousing if s/he is vulnerable as a result of:

1. old age;
2. mental illness or learning disability (mental handicap) or physical disability;
3. having been looked after, accommodated or fostered and is aged 21 or more;
4. having been a member of Her Majesty’s regular naval, military or air forces;
5. having been in custody or detention;
6. ceasing to occupy accommodation because of violence from another person or threats of violence from another person which are likely to be carried out; or
7. any other special reason.

Section 10.12 onwards of the Homelessness Code of Guidance gives local authorities guidance on the interpretation of vulnerability. Section 10.12 advises that:

"It is a matter of judgement whether the applicant’s circumstances make him or her vulnerable. When determining whether an applicant in any of the categories set out [above] is vulnerable, the local authority should consider whether, when homeless, the applicant would be less able to fend for him/herself than an ordinary homeless person so that he or she would suffer injury or detriment, in circumstances where a less vulnerable person would be able to cope without harmful effects."

Young People

The Homelessness (Priority Need for Accommodation) (England) Order 2002 states that the following will always (subject to very limited exceptions) be in priority need, with no judgement required as to their vulnerability:

• young people ("children") aged 16 and 17
• people under 21 who were in local authority care when 16 or 17.