A, R (on the application of) v National Asylum Support Service & Anor [2003] EWHC 1402 (Admin) (24 June 2003)

A, R (on the application of) v National Asylum Support Service & Anor [2003] EWHC 1402 (Admin) (24 June 2003)

The Secretary of State/NASS was complying with its statutory duty under Immigration and Asylum Act 1999 s.122(3) by subsidising the claimant's current accommodation, which was adequate for the children if they were not disabled; additional needs arising from disability are to be met by local authority under other statutes, but statutory prohibitions prevented LBWF from providing further accommodation or essential living needs while NASS was complying. The current accommodation did not breach Article 8 ECHR as it did not prevent enjoyment of proper family life.

Citation
[2003] EWHC 1402 (Admin)
Parties
Claimant: THE QUEEN (on the application of A); First Defendant: National Asylum Support Service; Second Defendant: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
24 June 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed except for order requiring LBWF to decide whether to make increased payments under Children Act 1989 s.17A.
Legal Topics
Asylum Support, Disabled Children, Adequate Accommodation, Essential Living Needs, Statutory Duties, Local Authority Powers, European Convention on Human Rights Article 8
Administrative Law Social Welfare Law Immigration Law Human Rights Law Asylum Support Disabled Children Adequate Accommodation Essential Living Needs +3 more

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Parties

THE QUEEN (on the application of A)

Claimant

National Asylum Support Service

First Defendant

London Borough of Waltham Forest

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State/NASS discharged statutory duty to provide adequate accommodation for disabled children of a destitute asylum-seeker under Immigration and Asylum Act 1999 s.122(3)
  2. 2 Whether local authority (LBWF) owed duties under Children Act 1989 s.17 or Local Government Act 2000 s.2 to provide suitable accommodation or financial support
  3. 3 Whether current accommodation breached Article 8 ECHR (right to respect for family life)

Ratio Decidendi

The Secretary of State/NASS was complying with its statutory duty under Immigration and Asylum Act 1999 s.122(3) by subsidising the claimant's current accommodation, which was adequate for the children if they were not disabled; additional needs arising from disability are to be met by local authority under other statutes, but statutory prohibitions prevented LBWF from providing further accommodation or essential living needs while NASS was complying. The current accommodation did not breach Article 8 ECHR as it did not prevent enjoyment of proper family life.

Court Disposition

Claim dismissed except for order requiring LBWF to decide whether to make increased payments under Children Act 1989 s.17A.

Orders

  • LBWF required to decide whether to make increased payments to claimant under Children Act 1989 s.17A to cover additional expenditure arising from children's disabilities.
  • Liberty to apply for costs or permission to appeal within 14 days.