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BIRMINGHAM CITY COUNCIL (Appellant) v AMALEA CLUE (Respondent) & SECRETARY OF STATE FOR THE HOME DEPARTMENT (Interested Party) & SHELTER (Intervener)

A local authority had erred when considering whether to provide financial support and assistance to a family whose application for indefinite leave to remain in the United Kingdom was pending and that application raised human rights issues.

The local authority should have considered whether the family was destitute and, if it was, whether the application for leave to remain was abusive or hopeless and, if it was not abusive or hopeless, assistance should not have been refused pending determination of the application for leave to remain.

11 May 2010

The appellant local authority appealed against a decision ((2008) EWHC 3036 (Admin), (2009) 1 All ER 1039) that it had erred in its approach when refusing to provide financial support and accommodation to the respondent (C). C and her eldest child were Jamaican citizens who had lawfully entered the United Kingdom and overstayed. Whilst in the UK, C gave birth to three children who were British citizens. C later applied for indefinite leave to remain and, whilst the application was pending, she applied to the local authority for financial assistance. The local authority considered the family's human rights, in particular under the European Convention on Human Rights 1950 art.8, and concluded that they could go to Jamaica to enjoy a family life so refusing to support them would not cause a breach of their human rights and its support was not necessary. C applied for judicial review of that decision and it was found that the local authority had erred in failing to take account of the r...

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