In Kanu v London Borough of Southwark the Court of Appeal has considered the practical application of the case of Hotak v London Borough of Southwark to a case where a man with various medical problems had the support and assistance of his devoted wife and son. The local authority had decided that the family support was sufficient to ensure that no greater harm would befall Mr Kanu than the notional "ordinary homeless person"; this decision was quashed by the Recorder hearing the appeal but restored by the Court of Appeal.
Of particular interest is the Court of Appeal's consideration of the Equality Act 2010 and in particular clear guidance that the equality duty adds nothing to the exercise already being carried out by the local authority when considering when someone who is potentially disabled is vulnerable. The equality duty created by section 149 of the Act adds nothing to the statutory duty to those who are vulnerable.
To read the approved judgment, please click: Kanu v LBS Judgment
Catherine Rowlands appeared for the successful Appellant.