Simms v London Borough of Islington: CA 16 Oct 2008

The applicant, a recovering drug addict sought assistance as a homeless person in priority need. He said that he was subject to a risk of relapse.
Held: The council had correctly applied the tests set out in Pereira and Osmani. They had been entitled to consider that he was not vulnerable within the section.


Lord Justice Ward, Lord Justice Moore-Bick and Lord Justice Rimer


[2008] EWCA Civ 1083, Times 03-Dec-2008, [2009] HLR 20, [2008] NPC 109




Housing Act 1996 189


England and Wales


CitedRegina v London Borough of Camden ex parte Pereira CA 20-May-1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of . .
CitedOsmani v London Borough of Camden CA 16-Dec-2004
Auld LJ set out the test to be applied by an authority when deciding whether the applicant was vulnerable for the purposes of deciding whether to give priority housing assistance. The courts had recognised the difficult, involved nature of the . .
Lists of cited by and citing cases may be incomplete.


Updated: 19 July 2022; Ref: scu.276945