My place, not yours

R (MK & Anor) v Secretary of State for the Home Department (2011) CA (Civ Div) 14/4/2011 [Not on bailii, only a case note on lawtel].

Sorry to be late getting to this one, I was hoping that a full transcript would become available. It hasn’t so I’m relying on a Lawtel note of the judgment.

Briefly, this was an appeal from a judicial review of the Home Secretary’s decision to refuse to provide support such as food vouchers to MK under s.4 Immigration and Asylum Act 1999 powers. MK was a failed asylum seeker. He had begun living with a British national with whom he had a relationship. On … Read the full post

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Care and attention v keeping a watch over

SL, R (on the application of) v City of Westminster Council [2010] EWHC 3182 (Admin)

A rolled up permission and substantive judicial review hearing on the issue of whether the local authority owed a duty under s.21 National Assistance Act 1948 (as amended), with the complication that NASS had accepted a duty to accommodate in the meantime.

SL was an Iranian asylum seeker. He sought asylum on the basis that he was gay and faced persecution in Iran. His application was rejected, but he made a fresh application which is not yet determined (and the approach of UKBA may have been changed by HJ Iran v Secretary of State for Read the full post

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Accommodating ‘formerly relevant children’

SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101

I’m a bit slow in getting to this one (and the rest of our backlog). We’re all more than a little busy. My apologies.

This is the Court of Appeal hearing of a case that first surfaced as a more than surprising result in a Judicial Review decision – [2010] EWHC 634 (Admin) [which we unaccountably missed at the time] – in which the court found that a Local Authority could derive no power to provide accommodation for a ‘formerly relevant child’ under s.23C(4)(c) Children Act 1989, although the primary issue at JR … Read the full post

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Failed asylum seeker – accommodation, not support

R (Kiana) v Secretary of State for the Home Department (2010) QBD(Admin) 20/04/2010. [ Note of extempore judgment on Lawtel] [Read the full post

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He can look after himself

R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib.

Mr Shoaib had claimed asylum in 2004. His claim had been rejected in 2006 and with it NASS support (as it was then). A fresg asylum claim was made and Newham decided to provide s.21 support. Mr Shoaib suffered from epilepsy. His support was reviewed on a number of occasions. On the last occasion, the social worker, who had not had details of Mr Shoaib’s medical condition provided to him, decided that Mr … Read the full post

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Mentioned in dispatches

A couple of cases came up today, one at the Court of Appeal, one Judicial Review, that are of marginal or tangential relevance to housing law, but may well be of interest to some. I’m not doing reports but the cases are:

Liverpool City Council, R (on the application of) v London Borough of Hillingdon [2008] EWHC 1702 (Admin) on when and more specifically where a local authority’s duty to a ‘vulnerable young person’ arise under Children Act 1989. At issue was which local authority owed a duty where there was an initial refusal to accept the person was under 18 by one local authority and an intervening detention as … Read the full post

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