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R (TMX) v (1) London Borough of Croydon (2) Secretary of State for Home Department
On 26 January 2024, Mr Alan Bates (sitting as a Deputy High Court Judge) handed down judgment in R (TMX) v London Borough of Croydon  EWHC 129 (Admin). This claim concerned 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, led by Alan Payne KC.
The Claimant is an asylum seeker who suffers from progressive multiple sclerosis and functional neurological disorder. The Defendant local authority has been providing the Claimant with some care and support under the Care Act 2014, such as daily visits from a care assistant. At the outset of the claim, he was accommodated by the SSHD in asylum support accommodation.
The Judge allowed the Claimant’s claim for judicial review, which challenged the Defendant local authority’s refusal to accept that he has accommodation-related needs, engaging the Council’s duty to provide accommodation under the Care Act 2024. The Judge also held that the Defendant local authority breached the Claimant’s rights under Articles 3 and 8 ECHR, for a period of 7 months.
A link to the judgment can be found below.View External Link