AM, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 3034 (Admin) (01 December 2023)

AM, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 3034 (Admin) (01 December 2023)

The court held that Barnet failed in its statutory duties to assess and provide for the claimant's trafficking-related recovery needs as a child victim of trafficking, in breach of the Children Act 1989 and associated regulations. The Secretary of State was not required to provide financial support under the MSVCC while the claimant was a child, as responsibility lay with the local authority. For the period after the claimant turned 18 and before consent to remain in the NRM was provided, the Secretary of State was entitled to withhold support. The broader challenge to the policy distinction between adult and child victim support was rejected for lack of standing and/or merit.

Citation
[2023] EWHC 3034 (Admin)
Parties
Claimant: R (AM); First Defendant: Secretary of State for the Home Department; Second Defendant: London Borough of Barnet
Jurisdiction
England and Wales
Judgment Date
01 December 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; dismissed in part
Legal Topics
Modern Slavery, Trafficking Victims Support, Children in Care, Judicial Review, Public Law Duties, Statutory Guidance, Financial Support for Victims
Administrative Law Immigration Law Human Rights Law Child Law Modern Slavery Trafficking Victims Support Children in Care Judicial Review +3 more

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Parties

R (AM)

Claimant

Secretary of State for the Home Department

First Defendant

London Borough of Barnet

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State and/or Barnet unlawfully failed to provide back-dated financial support to the claimant as a child victim of trafficking (CVOT) between 27 April 2018 and 16 December 2019
  2. 2 Whether there is an unlawful difference in the way the Secretary of State's responsibilities under the Modern Slavery Act 2015 are discharged in relation to adult and child victims of trafficking
  3. 3 Whether Barnet failed in its statutory duties to assess and provide for the claimant's trafficking-related recovery needs as a CVOT

Ratio Decidendi

The court held that Barnet failed in its statutory duties to assess and provide for the claimant's trafficking-related recovery needs as a child victim of trafficking, in breach of the Children Act 1989 and associated regulations. The Secretary of State was not required to provide financial support under the MSVCC while the claimant was a child, as responsibility lay with the local authority. For the period after the claimant turned 18 and before consent to remain in the NRM was provided, the Secretary of State was entitled to withhold support. The broader challenge to the policy distinction between adult and child victim support was rejected for lack of standing and/or merit.

Court Disposition

Claim allowed in part; dismissed in part

Orders

  • Declaration that Barnet failed in its statutory duties to assess and provide for the claimant's trafficking-related recovery needs as a child victim of trafficking
  • Claim against the Secretary of State for back-dated financial support for the period when the claimant was a child dismissed