Home Office settles case about provision of adequate asylum support accommodation to HCLC client
7/4/2022
Hackney Community Law Centre’s client, a vulnerable asylum seeker, has successfully secured asylum support accommodation close to her support network and medical professionals after issuing a judicial review claim.
The claimant had been diagnosed with HIV and PTSD. HCLC had provided the Home Office with a letter from an NHS Consultant and an independent psychiatric expert report that indicated the claimant needed to be placed close to her support network and medical professionals in London or her health would seriously and severely deteriorate, posing a risk to her life.
Nonetheless, The Home Office upheld their decision to allocate accommodation outside of London, in "London and South East".
Our Jeremy Ogilvie-Harris and Fatima Jichi of Garden Court Chambers acted for the claimant.
The claim was based on the Home Office’s failure to properly apply their Healthcare Needs and Pregnancy Dispersal Policy and breach of Article 3 European Convention of Human Rights.
The Policy stated that, where an NHS consultant had made representations about why an asylum seeker should be placed in a certain location, the Home Office case worker must acknowledge these (para 4.7). The case worker had not engaged with the NHS consultant’s letter.
Further, there were specific considerations that the Home Office were required to take into account concerning those diagnosed with HIV (para 7.1) and those with complex mental health conditions (para. 7.3). There were no reasons given as to why the request to be accommodated in London had been refused in the circumstances.
Prior to issuing the claim, the Home Office had tried to allocate accommodation outside of London on three different occasions, causing the claimant a great deal of stress. However, after the claim was issued, the Home Office referred the case to a psychiatric adviser who confirmed and accepted the claimant’s evidence.
Accordingly, the Home Office provided accommodation in London and settled the matter.
This case shows the importance of judicial review for vindicating and protecting the rights of vulnerable individuals. Without access to legal aid, lawyers, expert witnesses and judicial review, the claimant would have found it difficult to secure accommodation in a location that would not place her life at risk.
CONNECT