Case Law Update – R (on the application of M) v Slough Borough CouncilA recent ruling has plunged local authorities into chaos and thrown upheaval into the lives of destitute asylum seekers.
Until now, some failed asylum seekers have been able to count on their local council to provide a roof over their heads and some means of subsistence so long as they have shown that they have problems beyond mere destitution. Just because you were homeless or broke was not enough. Just because your case had been refused but the government could not remove you from the country was not enough. You had to prove that you had a physical disability or mental health issue as well.
Now, even these people’s support is in doubt. The new ruling means that councils have found a way to opt out of their obligation (under Section 21 of the National Assistance Act 1948) and are looking to save money by throwing people into the street.
People need to be able to prove they have a “support need” for care and attention such as help with domestic chores, counselling or help adhering to medication as well. This is a very lax definition and it is clear from previous behaviour that different councils will have very different ways of interpreting it. Individuals will be left vulnerable to arbitrary evictions and terminations without any co-ordination between regions to find out what their rights might be elsewhere.
Local councils are once again being used to enforce punitive measures against asylum seekers to drive them out of the country through starvation and homelessness. Let’s hope that our local authority at least exercises humane restraint while we wait for this confusing decision to be challenged by future case law.
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