||All England Reporter
|| All ER (D) 53 (Apr)
|| EWCA Civ 235
||Court of Appeal, Civil Division
Waller, Buxton and Maurice Kay LJJ
||Stephen Knafler (instructed by Pierce Glynn) for the claimant.
||Bryan McGuire (instructed by Louise Round) for the authority.
||Kristina Stern ( instructed by the Treasury Solicitor) for the Secretary of State for the Home Department, the interested party.
||2 April 2004
Housing - Local authority housing - Accommodation for person in need of care and attention - Illegal immigrant - Immigrant having child holding British nationality - Immigrant seeking indefinite leave to remain - Entitlement to housing in interim - Interpretation of Guidance - s 17 - 3, para 1(1)(g) - Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002, SI 2002/3078, reg 3.
The defendant local authority had to reconsider its decision to provide the claimant, whose right to remain in the United Kingdom had still to be determined and who had a child who was a British citizen, with one way tickets to Guyana and accommodation for 21 days until their departure. Any decision had to be taken with a view to ensuring the rights of the claimant and her child under the European Convention on Human Rights. Moreover, on the proper construction of the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002 and the Guidance issued thereunder, the authority was not restricted to providing accommodation for no more than ten days.
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