Ms X is a vulnerable person, who suffers from various mental health issues, including depressive disorder with psychotic symptoms. She is also a victim of Gender Based Sexual Violence.
In July 2020, Ms X claimed asylum and was awarded support pursuant to section 95 of the Immigration and Asylum Act 1999. In October 2020, she became homeless and was awarded section 98 temporary accommodation in December 2020. This accommodation was unsuitable for Ms X as a result of it being out of area, which meant that she could no longer receive mental health support from her social worker and support network.
We sought to challenge the decision to accommodate Ms X in unsuitable accommodation. In June 2021, the Home Office accepted that Ms X’s temporary accommodation was unsuitable for her. Despite this acknowledgement, Ms X remained in the accommodation for a year and no offers were made to move her into suitable accommodation. During this time, Ms X’s mental health vulnerabilities had significantly deteriorated and she was suffering from suicidal ideations. Ms X was subsequently informed by her social worker that they would no longer be able to assist her.
We were instructed to make an urgent application to challenge by of judicial review, the Home Office’s failure to provide Ms X with adequate section 95, which includes self-contained accommodation.
It was pleaded that section 95 support should be provided within a reasonable time frame, that waiting a year was too long and constituted a breach of the statutory duty pursuant to the 1999 Act and was in breach of Article 8 of the European Convention of Human Rights.
On 21 December 2021, the Court accepted that Ms X has a strong Prima Facie case and granted an Order for interim relief.
After a year of being in unsuitable accommodation, Ms X is now to be moved in to suitable accommodation in January 2022.
Ms X was represented by our Trainee Solicitor, Ashleigh Wakefield, and Gordon Lee of Garden Court Chambers.
