Prestwick Care Ltd & Ors, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 184 (11 March 2025)

Prestwick Care Ltd & Ors, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 184 (11 March 2025)

The Secretary of State is not under a legal duty to assess or take into account the impact of revocation of a sponsor licence on the sponsor, its employees, service users, or the wider community. The sponsor licence regime is based on trust and compliance with immigration control, and the enforcement procedure as set out in the guidance is fair and lawful. Procedural fairness does not require a heightened standard or mandatory inquiry into economic or social consequences. The Tameside duty does not extend to such considerations in this context.

Citation
[2025] EWCA Civ 184
Parties
Claimant/appellant: Prestwick Care Limited, Malhotra Care Homes Limited, Malhotra Care Homes (Sunderland) Limited, trading as Prestwick Care; Claimant/respondent: Supporting Care Limited; Defendant/respondent/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 March 2025
Procedural Posture
Judicial Review (administrative Law) / Court of Appeal (civil Division) Appeals From High Court
Outcome
Prestwick appeal dismissed; SCL appeal allowed on other grounds (not relating to impact assessment duty)
Legal Topics
Sponsor Licence Revocation, Procedural Fairness, Judicial Review, Material Considerations, Duty of Inquiry, Impact Assessment, Immigration Control, Skilled Worker Sponsorship
Immigration Law Administrative Law Public Law Sponsor Licence Revocation Procedural Fairness Judicial Review Material Considerations Duty of Inquiry +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Prestwick Care Limited, Malhotra Care Homes Limited, Malhotra Care Homes (Sunderland) Limited, trading as Prestwick Care

Claimant/appellant

Supporting Care Limited

Claimant/respondent

Secretary of State for the Home Department

Defendant/respondent/appellant

Procedural Posture

Judicial Review (administrative Law) / Court of Appeal (civil Division) Appeals From High Court

Legal Issues

  1. 1 Whether the Secretary of State is under a duty to assess the impact of revocation of a sponsor licence on the sponsor, employees, service users, and the wider community
  2. 2 Whether procedural fairness requires consideration of such impact
  3. 3 Whether the Secretary of State failed in the duty of sufficient inquiry (Tameside duty)

Ratio Decidendi

The Secretary of State is not under a legal duty to assess or take into account the impact of revocation of a sponsor licence on the sponsor, its employees, service users, or the wider community. The sponsor licence regime is based on trust and compliance with immigration control, and the enforcement procedure as set out in the guidance is fair and lawful. Procedural fairness does not require a heightened standard or mandatory inquiry into economic or social consequences. The Tameside duty does not extend to such considerations in this context.

Court Disposition

Prestwick appeal dismissed; SCL appeal allowed on other grounds (not relating to impact assessment duty)

Orders

  • Prestwick Care's appeal against revocation of sponsor licence dismissed; revocation upheld
  • Supporting Care Limited's appeal allowed; order quashing revocation decision upheld on other grounds