TMX, R (On the Application Of) v London Borough of Croydon & Anor [2024] EWHC 129 (Admin) (26 January 2024)

TMX, R (On the Application Of) v London Borough of Croydon & Anor [2024] EWHC 129 (Admin) (26 January 2024)

Where an adult asylum seeker has accommodation-related care needs, the local authority's duty under the Care Act 2014 to provide care and support is not displaced by the Secretary of State's residual duty under s.95 Immigration and Asylum Act 1999. The Council must assess and, if necessary, provide suitable accommodation to meet those needs, ignoring any s.95 accommodation. The Council's refusal to do so was unlawful.

Citation
[2024] EWHC 129 (Admin)
Parties
Claimant: TMX; First Defendant: London Borough of Croydon; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 January 2024
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed on Ground 1; Council's refusal to provide suitable accommodation declared unlawful.
Legal Topics
Care Act 2014 Duties, Accommodation Related Care Needs, Asylum Seeker Support, Residual Statutory Duties, Article 3 and 8 ECHR, Interplay Between Care Act and Immigration and Asylum Act 1999
Public Law Social Care Law Immigration Law Human Rights Care Act 2014 Duties Accommodation Related Care Needs Asylum Seeker Support Residual Statutory Duties +2 more

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Parties

TMX

Claimant

London Borough of Croydon

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a local authority or the Secretary of State is responsible for providing suitable accommodation to an asylum seeker with accommodation-related care needs under the Care Act 2014 and s.95 Immigration and Asylum Act 1999
  2. 2 Whether the Council breached the Claimant's rights under Articles 3 and 8 ECHR by leaving him in unsuitable accommodation

Ratio Decidendi

Where an adult asylum seeker has accommodation-related care needs, the local authority's duty under the Care Act 2014 to provide care and support is not displaced by the Secretary of State's residual duty under s.95 Immigration and Asylum Act 1999. The Council must assess and, if necessary, provide suitable accommodation to meet those needs, ignoring any s.95 accommodation. The Council's refusal to do so was unlawful.

Court Disposition

Claim allowed on Ground 1; Council's refusal to provide suitable accommodation declared unlawful.

Orders

  • Council to reassess the Claimant's needs under the Care Act 2014, ignoring any s.95 IAA 1999 accommodation.
  • Council to provide suitable accommodation to the Claimant and his family to meet his accommodation-related care needs.