High Court orders Home Secretary immediately to increase asylum support payments to £45 per week

In a judgment delivered today, the High Court has ordered the Home Secretary to implement an immediate interim increase in the weekly rate of asylum support to £45: R(CB) v Secretary of State for the Home Department [2022] EWHC 3329 (Admin). The judgment is available here.

The case was heard on 15th December 2022 by Mr Justice Fordham sitting in Manchester.  The Claimant challenged the current rate of weekly payments made to asylum seekers under s95 Immigration and Asylum Act 1999 of £40.85 per person per week.

The day after the hearing, on 16th December 2022, the court made an order declaring that, by failing to review and increase the level of support in light of inflation, the Home Secretary is and has been in breach of her statutory duties since at least 14th September 2022. The Judge had indicated to the Home Secretary’s representatives on 15th September that he would be making the declaration the following morning.

The court order of 16th December 2022 warned that, if the Home Secretary failed to take action in response to the court’s declarations of illegality by increasing the rate to ensure asylum seekers did not continue to be forced into destitution, the court would consider making a mandatory order. The Home Secretary took no immediate action, but on 20 December 2022 confirmed that she had agreed to implement an immediate interim increase to £45.

The very unusual order made by the Court today requires Home Secretary to make an immediate increase in the asylum support rate by 10.1% on an interim basis (i.e. to £45 per week). If the Home Secretary does not immediately implement the increase she will be continuing to act unlawfully, and the court has indicated it is an “unnecessary truism” that she will be in contempt of court.  The Home Secretary has not disputed that her actions were unlawful. She gave no reason, excuse, or apology for the illegality.

The order made by the court reflects the exceptional circumstances of the case. The Home Secretary has for months ignored the advice of her own officials who told her a number of times that she was breaking UK law by failing to increase asylum support to the legal level required to avoid destitution. Even if the rate of support is increased to £45, this isn’t the end of the matter. As the Judge stated at paragraph 56, increasing asylum support to £45, is the “minimum lawful action necessary.”

The order made by the Court today requires Home Secretary make an immediate increase in the asylum support rate by 10.1% on an interim basis. This will increase the weekly amount of asylum support from £40.85 to £45 per week. 

The Court also declared that the decision to set the rate at £40.85 was unlawful, due to a failure to rationally explain a change in methodology for calculating the cost to asylum seekers of meeting their food needs.  This means the rate will likely need to be increased further to comply with the legal duty to meet essential living needs.

The Claimant, CB, was represented by Josie Hicklin and Kathleen Cosgrove at Greater Manchester Law Centre and Michael Spencer and Jamie Burton KC at Doughty Street Chambers.

Further details will be published soon on the Greater Manchester Law Centre website.