London Borough of Lambeth v Grant: CA 16 Dec 2004

The applicant was an overstaying immigrant, and was to be returned to Jamaica. She had three children, the youngest of whom had been born in England. The council sought to pay the fares to return to Jamaica for the whole family rather than to have to pay the costs of housing for them.
Held: The appeal succeeded. It was imoportant to remember that the applicant and her family were here illegally, and had no right to support. The applicant could not create such a right by making an application to remain. The power to promote the family’s well being included the power to provide the fares.

Judges:

Lord Justice Kennedy Lord Justice Chadwick

Citations:

Times 05-Jan-2005, [2004] EWCA Civ 1711, [2005] 1 WLR 1781

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Local Government Act 2000 2

Jurisdiction:

England and Wales

Citing:

Appeal fromLondon Borough of Lambeth v Grant QBD 17-Jun-2004
Where a parent was to be returned to her country of origin, the local authority had no power to provide travelling expenses to the children to go with her. . .
Lists of cited by and citing cases may be incomplete.

Housing, Children, Immigration, Human Rights

Updated: 12 September 2022; Ref: scu.220570