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High Court decision in judicial review claim concerning the provision of accommodation to asylum seekers with eligible care needs under the Care Act 2014

01/11/2023

On 30 October 2023, Mr Dan Kolinsky KC (sitting as a Deputy High Court Judge) handed down judgment in R (SB & Anor) v London Borough of Newham [2023] EWHC 2701 (Admin). This is a  claim for judicial review concerning the interaction between a local authority’s obligations under the Care Act 2014 and the obligations of the Secretary of State for the Home Department (“SSHD”) under s. 95 of the Immigration and Asylum Act 1999 in relation to the provision of accommodation to asylum seekers with eligible care and support needs.  Sian Reeves acted for the SSHD.   

Mr Kolinksy KC allowed the Claimant’s claim for judicial review, which challenged the Defendant local authority’s decision to terminate the provision of accommodation under the Care Act 2014.  Mr Kolinsky KC’s judgment contains a useful analysis of previous case-law on the interaction between the Care Act 2004 and the 1999 Act.    

The SSHD was an Interested Party. On the SSHD’s behalf, Sian Reeves assisted the Court with observations as to the interplay between the applicable statutory duties.       

https://www.bailii.org/ew/cases/EWHC/Admin/2023/2701.html

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