The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education or training. Does it fall upon the local authority, pursuant to its duty under s.23C(4)(c) of the Children Act 1989, as amended, hereinafter ‘the Act’, or does it fall upon the National Asylum Support Service hereinafter ‘NASS’, and thus upon the Secretary of State, pursuant to her powers under the Immigration and Asylum Act 1999?
Judges:
Jacob, Leveson, Tomplinson LJJ
Citations:
[2010] EWCA Civ 1101, [2011] 1 WLR 1283, [2011] 1 FLR 734, [2011] PTSR 549, [2011] BLGR 1, [2011] HLR 4, [2011] Fam Law 24, (2010) 13 CCL Rep 591
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – SL v Westminster City Council SC 9-May-2013
The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and . .
Lists of cited by and citing cases may be incomplete.
Immigration, Benefits, Children, Local Government
Updated: 25 August 2022; Ref: scu.424981