Jamie Burton wins the first case under the Care Act 2014: R(SG) v Haringey LBC and SSHD

05.08.15 | |

On 4 August 2015 the High Court gave judgement against the Council in favour of the a destitute asylum seeker with mental health problems.  The Claimant maintained that as she had a need for accommodation related care and support she should be accommodated by the Council pursuant to the Care Act 2014 and not by the Secretary of State under the asylum support regime.  The Council contended that it no longer had a duty to accommodate asylum seekers in light of the repeal of section 21 of the National Assistance Act 1948.  Mr John Bowers QC, sitting as Deputy Judge of the High Court, quashed the Council’s decision on the grounds that an independent advocate had not been appointed and because it had not disregarded the provision of asylum support by the Secretary of State when deciding if it had to provide the Claimant with accommodation in order to meet her needs.   The Council was obliged to have regard to whether the Claimant's needs could be met if it she was homeless and it had not done so.  However, the Judge did not order the Council to provide the Claimant with accommodation and instead remitted the matter back to the Council to make another decision. The Claimant has now been granted refugee status.

 

Jamie Burton acted for the Claimant, instructed by Katy Robinson at Wilson's solicitors.

 

Please note that this case note was amended on 14 August 2015.  A transcript of the judgement is still awaited.

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