Source: All England Reporter
Publisher Citation: [2002] All ER (D) 235 (Oct)
Neutral Citation: [2002] UKHL 38
Court: House of Lords

Lord Steyn, Lord Slynn of Hadley, Lord Hoffmann, Lord Millett and Lord Rodger of Earlsferry

Representation Nigel Pleming QC and Bryan McGuire (instructed by Creighton & Partners) for the claimants.
  John Howell QC and Pushpinder Saini (instructed by the Treasury Solicitor) for defendant authority.
Judgment Dates: 17 October 2002


Housing - Local authority - Accommodation for infirm destitute asylum seeker - Duty to provide accommodation - Asylum Support Regulations 2000, reg 6(4) - .

The Case

The local authority, and not the National Asylum Support Service, had to provide assistance to an asylum seeker who had a need for care and attention which had not arisen solely because she was destitute but also, and largely, because she was ill and where she had no access to any accommodation in which she could receive care and attention other than by virtue of s21 or under PtVI of the 1999 Act. The use of the word 'solely' in s21, made it clear that it was only the able bodied destitute who were excluded from the powers and duties of s21(1)(a).

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