Home Office reaches temporary agreement to disapply 28 day move-on period to avert imminent street homelessness in test legal challenge
A test challenge is underway to the Home Office’s policy and practice of requiring most recipients of leave to remain to move on from their asylum accommodation within 28 days of the grant of leave.
Shortly before the Court was due to rule on an application by for general interim relief in this litigation, the SSHD has agreed that, for individuals who are at imminent risk of street homelessness, she will temporarily, at least, disapply 28-day move-on period.
This agreement is to the effect that until 16 January 2026, asylum accommodation and subsistence support will be extended for up to 56 days from the grant of leave to remain where an individual would otherwise be at imminent risk of street homelessness. The Secretary of State also retains a discretion to extend for longer periods. See also detail at the end of this page.
Deighton Peirce Glynn have estimated that around 3,000 people would otherwise have been evicted during this period; those among this cohort who would otherwise face street homelessness should now be granted extensions.
Laura Dubinsky KC, Dan Clarke, along with Sian McGibbon of Landmark Chambers, instructed by Ahmed Aydeed, Megan Smith and Ralitsa Peykova of Deighton Peirce Glynn Solicitors act for the lead claimants.
A wider legal team has also helped in many individual cases to avert evictions of refugees faced with street homelessness. The wider team of counsel are Michael Spencer, Hannah Smith, Josuha Jackson, Finnian Clarke, Cian Murphy, also all led by Laura Dubinsky KC; and they are are instructed by Deighton Peirce Glynn, including the wider DPG solicitors’ team, also led by Ahmed Aydeed, of Sophie Broke, Megan Hovvels and Natalie Hawes.
The legal team are acting upon referrals from multiple homelessness and refugee frontline charities, some of which have also supplied key witness evidence including Care4Calais, CARAS, Da’aro Youth Project, RAMFEL, NACCOM, Glass Door.
Background
For many years, authoritative inter-governmental organisations and NGOs including UNHCR, the British Red Cross and NACCOM have warned that 28 days does not suffice for refugees and other recipients of international protection to access alternative accommodation and employment or mainstream benefits. Rather, they warn that a short move-on period results in street homelessness, pressure on local authorities and adverse effects to integration and social cohesion.
In December 2024, the Government announced a Pilot which would extend the move-on period to 56 days; on 26 August 2025, the Government announced, however that this would be curtailed for all single adults save for pregnant women, those aged 65 or over and those disabled within the meaning of the Equality Act 2010. The curtailment of the Pilot was implemented at four working days’ notice, from 1 September 2025.
The challenge is brought to the decision to pause the Pilot and other aspects of the Home Office’s policy and practice concerning the move-on period.
What to do now: requesting an extension
Requests for extensions can be made by individuals themselves, by local authorities, or by organisations acting on an individual’s behalf, subject to a signed letter of authority where appropriate.
A clear written account explaining why the individual would otherwise be evicted into street homelessness will be sufficient.
Requests should be sent to both:
- Migrant Help at coc@migranthelpuk.org and positivemoveon@migranthelpuk.org
- Home Office Reinstatements Team at reinstatements@homeoffice.gov.uk
