A, R (on the application of) v National Asylum Support Service & Anor

A, R (on the application of) v National Asylum Support Service & Anor

The Secretary of State's duty under section 122(3) of the Immigration and Asylum Act 1999 is limited to providing accommodation that would be adequate for the children if they were not disabled. Since the current accommodation would be adequate for non-disabled children, the statutory duty was satisfied and not triggered for more suitable accommodation. Section 122(5) prohibits the local authority from providing alternative accommodation under section 17 of the Children Act 1989 while the Secretary of State is complying with his duty. Article 8 ECHR was not breached as the deficiencies in accommodation did not prevent the family from enjoying proper family life.

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 save for one order
Legal Topics
Asylum Support, Accommodation for Disabled Asylum Seekers, Local Authority Duties, Children in Need, Section 17 Children Act 1989, Section 122 Immigration and Asylum Act 1999, Article 8 ECHR
Administrative Law Immigration Law Social Welfare Law Human Rights Law Asylum Support Accommodation for Disabled Asylum Seekers Local Authority Duties Children in Need +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) was under a duty to provide suitable accommodation for the disabled children of a destitute asylum-seeker under section 122(3) of the Immigration and Asylum Act 1999
  2. 2 Whether the local authority (LBWF) was under a duty or had the power to provide suitable accommodation or financial support under section 17 of the Children Act 1989 or section 2 of the Local Government Act 2000
  3. 3 Whether the current accommodation was 'adequate' within the meaning of section 122(3)

Ratio Decidendi

The Secretary of State's duty under section 122(3) of the Immigration and Asylum Act 1999 is limited to providing accommodation that would be adequate for the children if they were not disabled. Since the current accommodation would be adequate for non-disabled children, the statutory duty was satisfied and not triggered for more suitable accommodation. Section 122(5) prohibits the local authority from providing alternative accommodation under section 17 of the Children Act 1989 while the Secretary of State is complying with his duty. Article 8 ECHR was not breached as the deficiencies in accommodation did not prevent the family from enjoying proper family life.

Court Disposition

Claim dismissed save for one order

Orders

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