Legal challenge to Home Office accommodation regime

This week the High Court will hear a challenge brought by three Claimants to the lawfulness of the Home Office’s regime for providing accommodation to immigration detainees released or seeking release from immigration detention.

Paragraph 9 of Schedule 10 of the Immigration Act 2016 allows for the provision of accommodation where a person is granted bail subject to a residence condition; where the person is otherwise destitute; and where the Secretary of State considers there are “exceptional circumstances” justifying a grant of accommodation.

Nina Rathbone Pullen of our public law department and Rebecca Harrigan of our immigration departments act for two of the three Claimants who are arguing that they were adversely affected by deficiencies in the process and criteria for ‘schedule 10’ accommodation. Deighton Pierce Glynn solicitors represent the third Claimant.

The Secretary of State has a public-law duty to operate a fair and rational system for applying for and being considered for a grant of accommodation, and the Claimants contend that she is failing to discharge that duty. Furthermore, the Claimants contend that the criteria for determining eligibility are unlawful because they operate as an unlawful fetter on the Secretary of State’s statutory discretion.

The hearing starts today. The Claimants are represented by Laura Dubinsky of Doughty Street Chambers. Junior counsel are Agata Patyna and Marisa Cohen of Doughty Street Chambers and Eleanor Mitchell of Matrix Chambers.

If you or an individual you are supporting is affected by difficulties in accessing accommodation under ‘Schedule 10’ please contact us for advice.

Nina Rathbone Pullen is available at n.rathbone-pullen@wilsonllp.co.uk and Rebecca Harrigan at r.harrigan@wilsonllp.co.uk or call 0208 808 7535 to find out how we can assist you.