Source: All England Reporter
Publisher Citation: [2004] All ER (D) 282 (Dec)
Neutral Citation: [2004] EWCA Civ 1730
Court: Court of Appeal, Civil Division
Judge:

Laws, Carnwath LJJ and Elias J
Representation Rabinder Singh QC and Stephanie Harrison (instructed by Harter & Loveless) for the claimant.
  Monica Carss-Frisk QC and Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 17 December 2004

Catchwords

Human rights - Torture or inhuman or degrading treatment or punishment - Obligation to provide protection - Asylum seeker exposed to racial abuse and violence - Adequacy of protection afforded to asylum seeker - European Convention on Human Rights, art 3.

The Case

The National Asylum Support Agency had not been required by art3 of the European Convention on Human Rights, being apprised of an asylum seeker's psychiatric problems, to look into the conditions on a council estate on which it was offering him accommodation pursuant to s95 of the to see that he, in particular, would be saved from harm.

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