R (Parul) v Secretary of State for the Home Department

15.08.2022

Citation

[2022] EWHC 2143 (Admin)

Olivia acted for the Claimant, challenging the SSHD’s unreasonable delay in relocating the Claimant to adequate accommodation.

The Claimant was provided with accommodation under Section 4(2) Immigration and Asylum Act 1999. She suffered from multiple chronic and complex medical conditions. The SSHD had accepted she needed to be relocated, but there had been a delay of 146 days at the date of the hearing in moving the Claimant.

The delay by the SSHD was found to be unlawful and had led to an imminent breach of Article 3. Important findings were also made regarding the evidence the Court would expect to see from the SSHD to support a defence in cases similar to this and the cases of R (Princess Bell) v London Borough of Lambeth [2022] EWHC 2008 (Admin) and R (Elkundi) v Birmingham City Council and ors [2022] 3 WLR 71, setting out the principles governing the grant of a mandatory order for breach of Section 193 main housing duty were applied when considering a mandatory order in the context of the SSHD failing to provide suitable accommodation in breach of her Section 4(2) duty.

Olivia was instructed by Priscilla Adu-Boahen at Lawstop.

https://caselaw.nationalarchives.gov.uk/ewhc/admin/2022/2143