Griffin v City of Westminster

Griffin v City of Westminster

The Review Officer applied the correct legal test for vulnerability as established in Pereira, and the County Court judge erred in finding otherwise. The statutory test does not require an assessment of 'likelihood' but a factual assessment of whether injury or detriment will result due to the applicant's vulnerability.

Parties
Claimant/respondent: Jason Griffin; Defendant/appellant: City of Westminster
Jurisdiction
England and Wales
Judgment Date
28 January 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; decision of the Review Officer restored.
Legal Topics
Homelessness, Statutory Interpretation, Priority Need, Vulnerability Assessment
Housing Law Administrative Law Homelessness Statutory Interpretation Priority Need Vulnerability Assessment

Case Brief

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Parties

Jason Griffin

Claimant/respondent

City of Westminster

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 What is the correct test for determining vulnerability under Section 189(1)(c) of the Housing Act 1996?
  2. 2 Did the Review Officer apply the correct legal standard in assessing the claimant's vulnerability?

Ratio Decidendi

The Review Officer applied the correct legal test for vulnerability as established in Pereira, and the County Court judge erred in finding otherwise. The statutory test does not require an assessment of 'likelihood' but a factual assessment of whether injury or detriment will result due to the applicant's vulnerability.

Court Disposition

Appeal allowed; decision of the Review Officer restored.

Orders

  • Appeal allowed.
  • Decision of the Review Officer dated 27 May 2003 restored.