Home Secretary required to accommodate vulnerable individual who had recently been sectioned

Finnian Clarke represented ABC, a destitute and highly vulnerable individual from Somalia, in his challenge to the failure of the Secretary of State for the Home Department (“SSHD”) to provide suitable accommodation to him pursuant to section 4(2) Immigration and Asylum Act 1999 (“IAA”). In August, the Administrative Court made an interim relief order mandating the SSHD to accommodate ABC in London and he was provided with accommodation that same day.

ABC had been street homeless for around 4 years. He has a history of suicide attempts and suffers from alcohol addiction. After being arrested in March 2024 during a psychotic episode, he was assessed as lacking capacity to weigh up his options for treatment and care in relation to his mental health. He was then detained under s.2 MHA 1983. After being discharged into emergency “step-down” accommodation several weeks later, an application for s.4 IAA accommodation was made on his behalf on 15 July 2024. Despite the Home Office stating that this application was being “prioritised” no decision was made by mid-August, by which time he was imminently due to be evicted into street homelessness.

The Claimant’s legal team made an application for interim relief and sought urgent consideration prior to his eviction and imminent homelessness. The Administrative Court agreed that it was at least reasonably arguable that the failure to accommodate the Claimant was unlawful, and made a mandatory order requiring the SSHD to accommodate him. As a result, the SSHD has agreed to provide s.4 accommodation to the Claimant.

Finnian Clarke was instructed by Derek Bernardi and Colin Vanelli at Lawstop.