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 within the section.
Held: The authority’s appeal was dismissed. Care and attention could extend to the provision of shelter, warmth, food and other basic necessities. If the need was made ‘more acute’ by some other circumstance than mere lack of accommodation and funds, it did not arise ‘solely’ from destitution and the local authority was responsible.
Lord Justice Ward Lord Justice Kay
[2006] EWCA Civ 655, (2006) 9 CCL Rep 438, [2007] LGR 225, [2007] BLGR 225
Bailii
Immigration and Asylum Act 1999, National Assistance Act 1948 21(1)(a)
England and Wales
Citing:
Appeal fromM, Regina (on the Application of) v Slough Borough Council Admn 27-Apr-2004
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 . .

Cited by:
Appeal fromM, 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: 12 March 2021; Ref: scu.242185