Court: Administrative Court

Housing migrants at Napier barracks unlawful, High Court rules

R (NB) v SSHD [2021] EWHC 1489 (Admin)

This case analyses Section 95 of the Immigration and Asylum Act 1999 (“IAA 1999”) which requires the Defendant to provide “support” to asylum seekers who appear to be destitute or to be likely to become destitute. The six Claimants are all asylum seekers who were transferred to the Penally and Napier military barracks (“The Barracks”) […]

Secretary of State found to discriminate against Asylum seekers with dependent children who received less financial support

R (MD) v Secretary of State Home Department [2021] EWHC 1370 (Admin)

In this case the claimants are single mothers from Albania living in this country.  Both have dependent children and were conclusively found to be victims of sex trafficking.  Both are recognised as refugees and therefore do not receive financial support under the provisions of the Modern Slavery Victim Care Contract in respect of any dependent […]

Detained Duty Advice Scheme held to be discriminatory towards detainees in prison

R (SM) v Bail for Immigration Detainees [2021] EWHC 418 (Admin)

Persons detained under Immigration Act powers in Immigration Removal Centres have access to legal advice under the Detained Duty Advice Scheme (“the DDAS”). The DDAS was established by the Lord Chancellor in exercise of his powers under the Legal Aid Sentencing and Punishment of Offenders Act 2012. Has the Lord Chancellor acted unlawfully by failing […]

High Court orders local authority to withdraw discriminatory charging policy

SH v Norfolk County Council [2020] EWHC 3426 (Admin)

SH has severe learning difficulties and physical disabilities associated with Down Syndrome. In a claim for judicial review, SH challenged the basis on which Norfolk County Council (“NCC”) calculated the charges she had to pay for Council-provided care. NCC introduced a new Charging Policy, which significantly reduced the minimum level of income (the “Minimum Income […]