Hemley v Croydon London Borough Council 2018

It was confirmed that the Pereira Test had been disapproved in Hotak. Importantly the Court of Appeal held that the legal test had been changed in England so that it was was "easier for a person to satisfy the test the test of vulnerability - Para 10

Croydon London Borough Council (Croydon) appealed against a decision quashing its review officer's finding that the respondent (Ms Hemley), who suffered from chronic pain syndrome, was not in priority need for the purposes of Part VII of the Housing Act 1996.  Both parties had acknowledged that the decision in Hotak v Southwark LBC [2015] UKSC 30 had changed the test for vulnerability by establishing that a person could be vulnerable even if they were able to fend for themselves – Ms Hemley contended that the review officer had applied the wrong legal test, whilst Croydon submitted the review officer would have come to the same conclusion even if he had applied the test in Hotak.

The Court of Appeal, dismissing the appeal, held that it was not sufficiently confident that the review officer would have reached the same decision and the quashing of his decision was upheld. This is an extempore decision (oral) and the written judgment is not yet available.

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