High Court Mandates Asylum Accommodation for Disabled Child

9 Jan 2025Court Report

The High Court ruled on the provision of suitable asylum accommodation for a severely disabled child, mandating compliance with statutory duties

Introduction

The High Court, presided over by Deputy High Court Judge Tom Little KC, delivered a significant ruling in the case of The King (on the application of AYW and ACR) vs Secretary of State for the Home Department. The case centred on the failure to provide adequate asylum accommodation for a severely disabled child, in breach of statutory duties under the Immigration and Asylum Act 1999.

Background

The claimants, AYW and her son ACR, a severely disabled child, sought judicial review against the Secretary of State for the Home Department. ACR, a five-year-old Mexican national, suffers from multiple severe disabilities, necessitating specialised accommodation. The claimants have been residing in inadequate accommodation since their arrival in the UK in 2021.

Procedural History

The claim was lodged on 29th October 2024, with an anonymity order granted the following day. The court expedited the hearing due to the urgency of the claimants' situation. The Secretary of State admitted to breaching sections 95 and 96 of the Immigration and Asylum Act 1999, acknowledging the inadequacy of the current accommodation.

Legal Framework

The case hinged on the statutory obligations under sections 95 and 96 of the Immigration and Asylum Act 1999, which require the provision of adequate accommodation for asylum seekers. The court also considered the Asylum Seekers (Reception Conditions) Regulations 2005, emphasising the need to account for the special needs of vulnerable asylum seekers.

Judgment

The court ruled in favour of the claimants, granting both declaratory relief and a mandatory order. The judgment underscored the prolonged breach of statutory duty by the Secretary of State and the lack of adequate efforts to secure suitable accommodation. The court mandated that appropriate accommodation be provided by 24th February 2025.

Discussion

Judge Little KC emphasised the ordinary position that a mandatory order should be made in cases of admitted statutory breaches. The court found insufficient evidence from the Secretary of State to establish the impossibility of compliance, highlighting systemic issues in the provision of asylum accommodation.

Impact

This ruling is a critical reminder of the statutory obligations owed to vulnerable asylum seekers, particularly those with severe disabilities. The case highlights the need for timely and effective action by authorities to meet these obligations.

Conclusion

The High Court's decision mandates the Secretary of State to provide suitable accommodation, reflecting the serious impact of the breach on the claimants and reinforcing the importance of statutory compliance in asylum cases.