Home Office Reinstates Housing Support Within 24 Hours Following Legal Challenge

Phoenix Law Solicitors has secured the reinstatement of Home Office accommodation support for a refugee and his family within 24 hours of issuing a Pre-Action Protocol (PAP) Letter challenging the decision and notifying the Home Office of intended Judicial Review proceedings.

The case concerned a refugee, his wife and five children, whose accommodation support provided under section 95 of the Immigration and Asylum Act 1999 was due to end shortly after he was granted refugee status in the United Kingdom.

Alannah Faulkner acted on behalf of the family.

Following the decision, the family faced the prospect of losing their accommodation despite significant concerns regarding the welfare and best interests of the children. Evidence was placed before the Home Office outlining the impact that relocation would have on the children’s education, wellbeing, healthcare arrangements and established support networks.

Phoenix Law submitted detailed representations seeking the reinstatement of accommodation support. Despite the concerns raised, the Home Office refused the request and failed to provide any meaningful explanation as to how the children’s circumstances and best interests had been assessed.

A comprehensive Pre-Action Protocol Letter was issued challenging the lawfulness of the decision and putting the Home Office on notice of intended Judicial Review proceedings.

The challenge argued that the Home Office had failed to comply with its statutory obligations under section 55 of the Borders, Citizenship and Immigration Act 2009, which requires decision-makers to have regard to the need to safeguard and promote the welfare of children when carrying out immigration functions. The PAP Letter further highlighted that Home Office policy expressly requires consideration of children’s best interests before accommodation support is discontinued.

It was argued that neither the original decision to cease accommodation support nor the subsequent refusal to reinstate it demonstrated that these mandatory considerations had been undertaken.

Within one day of receiving the Pre-Action Protocol Letter, the Home Office reversed its position and agreed to reinstate the family’s accommodation support. This ensured that the family would not face the immediate risk of homelessness while appropriate longer-term arrangements are considered.