KA v Essex County Council  EWHC 43 (Admin), handed down today, establishes an important protection for those who have been refused leave to remain in the UK, but who cannot presently appeal that refusal because removal directions have not yet been set. The High Court held that such persons – who essentially have a claim for leave to remain that cannot yet be put to the immigration tribunal because no decision to remove them has been taken – cannot simply be refused support by local authorities on the basis that there is no outstanding claim and that they can therefore be expected to simply leave the UK. Authorities have to have regard to the claim that will be put. To do otherwise would be to breach Convention rights, in this case, by stripping away the procedural protections of Article 8 of the ECHR. The case represents an extension of the principle confirmed in R (Clue) v Birmingham City Council  1 WLR 99, namely that arguable claims must be allowed to be put, and applies it to those who have no formal claim or appeal, but will do when the Home Office makes a decision.
Nick Armstrong instructed by Adam Hundt of Deighton Pierce Glynn acted for the claimant. For the judgment please see below.