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High Court hands down judgment in lead judicial review claims relating to Wethersfield

24/03/2025

Sian Reeves acted for the Home Secretary in the four lead judicial review claims challenging the accommodation of asylum seekers at the ex-Ministry of Defence site at Wethersfield, pursuant to the asylum support scheme in the Immigration and Asylum Act 1999.  These claims were heard across 4 days between 23 and 26 July 2024.   

On 14 March 2025, Mould J handed down a detailed judgment, R (TG & Ors) v Secretary of State for the Home Department [2025] EWHC 596 (Admin).  Mould J determined multiple systemic grounds of challenge to the use of Wethersfield and the Home Secretary’s Allocation Policy, as well as individual challenges by the four lead Claimants.   

Three Claimants succeeded on one of the systemic challenges, namely that there had been a breach of the Public Sector Equality Duty in respect of the change of the Home Secretary’s Allocation Policy in so far as it related to those asylum seekers with a disability or vulnerability.  

However, all the other  systemic challenges were dismissed, including: a claim that the process of allocation breached the Tameside duty of inquiry; a claim by the fourth lead Claimant that the site is generally unsuitable for asylum accommodation; a claim that the Allocation Policy was unlawful on its terms and in its operation; a claim that the Allocation  Policy breached Article 4 ECHR as it failed to make appropriate provision for potential victims of trafficking; and claims that the Allocation Policy is discriminatory on grounds of race and disability.  

In respect of the individual claims, three of the Claimants succeeded in their claims on some, but not all, of the grounds advanced. Claims by the Claimants that the accommodation breached their rights under Article 8 ECHR were all dismissed.   Sian Reeves did the oral advocacy in relation to the grounds of challenge relating to disability and race discrimination.  She was led by Lisa Giovannetti KC and David Manknell KC, alongside Edward Waldegrave.  

A link to the judgment can be found here.    

https://www.bbc.co.uk/news/articles/c1lp7nzllm2o

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