R v LB Lambeth ex p Carroll (1998) 20 HLR 142


The local authority’s decision that the applicant was not “vulnerable as a result of old age, mental illness, or handicap or physical disability or other special reason” as specified in s59(1)(c) Housing Act 1985, and was therefore not a person in priority need of accommodation, was bad in law. It was the council’s duty to make proper enquiries. The council had failed to consider whether simply obtaining the opinion of its own medical officer constituted sufficient enquiries to satisfy itself as to the applicant’s vulnerability, and had not enquired into housing or social welfare matters which were also relevant to the decision.

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