Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council: CA 14 Oct 2005

The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children.
Held: The Act was inconsistent with her right to family life. The declaration of incompatibility was upheld. The section was an interference in the right, but no sufficient justification for the interference was established: ‘a policy objective of driving a British parent out of the country because of the immigration status of her child was not one his Lordhsip was prepared to attribute to Parliament.’

Judges:

Auld, Sedley, Jonathan Parker LJJ

Citations:

[2005] EWCA Civ 1184

Links:

Bailii

Statutes:

Housing Act 1996 185(40, European Convention on Human Rights 8 14

Jurisdiction:

England and Wales

Citing:

Appeal fromMorris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter . .

Cited by:

CitedWilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
Lists of cited by and citing cases may be incomplete.

Immigration, Housing, Human Rights

Updated: 04 July 2022; Ref: scu.231234