The claimant, a Zimbabwean, was subject to immigration control. He was HIV positive, and sought assistance from the authority under the 1948 Act. The authority replied that his needs did not reach such a level as to require assistance under the section.
Held: The claim succeeded. The fact that medication and regular medical attention were required was sufficient to show a need for care and attention. That need arose from a combination of destitution and illness and not solely from destitution.
Judges:
Collins J
Citations:
[2004] EWHC 1109 (Admin), [2004] LGR 657, [2004] BLGR 657
Links:
Statutes:
National Assistance Act 1948 21(1)(a)
Jurisdiction:
England and Wales
Cited by:
At First Instance – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Appeal from – Slough Borough Council v M, Regina (on the Application Of) CA 25-May-2006
The claimant was subject to immigration control. He sought assistance under the 1948 Act on the basis that he suffered HIV. The authority appealed an order requiring them to provide assistance on the basis that he need for medication brought him . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 04 December 2022; Ref: scu.263499
