O, R (on the application of) v London Borough of Haringey & Anor

O, R (on the application of) v London Borough of Haringey & Anor

Responsibility for accommodating asylum-seeking families with minor children lies exclusively with NASS under section 122 of the Immigration and Asylum Act 1999; section 21 of the National Assistance Act 1948 does not confer power or duty on local authorities to accommodate minor children, and section 17 of the...

Source-derived case information.

Parties
Claimant: The Queen on the application of 'O'; Defendant: London Borough of Haringey; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 November 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Asylum Support, Local Authority Duties, Accommodation for Asylum Seekers, Children's Welfare, Statutory Interpretation
Administrative Law Immigration Law Social Welfare Law Family Law Asylum Support Local Authority Duties Accommodation for Asylum Seekers Children's Welfare +1 more

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Summary, issues, holding and outcome

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Parties

The Queen on the application of 'O'

Claimant

London Borough of Haringey

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether local authority has power or duty to accommodate minor children of an asylum-seeker under section 21 of the National Assistance Act 1948
  2. 2 Whether responsibility for accommodation and support lies with local authority or NASS (National Asylum Support Service)
  3. 3 Interpretation of statutory provisions regarding support for asylum-seeking families with children

Ratio Decidendi

Responsibility for accommodating asylum-seeking families with minor children lies exclusively with NASS under section 122 of the Immigration and Asylum Act 1999; section 21 of the National Assistance Act 1948 does not confer power or duty on local authorities to accommodate minor children, and section 17 of the Children Act 1989 is excluded by section 122 when NASS is responsible.

Court Disposition

Application dismissed

Orders

  • Costs awarded to defendant against claimant and interested party, subject to Legal Aid proviso
  • Permission to appeal granted to claimant and interested party