Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was provided accommodation by NASS, but was unhappy with it and sought assistance direct from the respondent council. Which was responsible? The council argued that the 1948 Act applied only to those whose disability directly affected there housing needs.
Held: The argument failed in the light of the authorities. The council had responsibility.
Lord Justice Judge, Lord Justice Simon Brown Mr Justice Nelson
 EWCA Civ 836, Times 23-Jul-2003,  BLGR 35,  LGR 35,  HLR 5, (2003) 6 CCL Rep 376
National Asssistance Act 1948 21, Immigration and Asylum Act 1999 95
England and Wales
Appeal from – Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) v Same Admn 18-Apr-2002
The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act.
Held: The 1948 Act . .
Cited – Regina v Westminster City Council ex parte M 1997
Cited – Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha CA 7-Sep-2000
The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority.
Held: The . .
Cited – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Cited – 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 . .
These lists may be incomplete.
Updated: 05 May 2021; Ref: scu.184338