You are here

Gordon Binomugisha v Southwark London Borough Council

A local authority had erred in law in its decision to terminate support for a 19-year-old Ugandan national whose application for leave to remain in the United Kingdom on the basis of the European Convention on Human Rights 1950 Art.8 was still pending. It should have asked itself whether that application was manifestly unfounded, rather than asking itself the question that the secretary of state would have to answer in considering the outstanding application for leave to remain.

6 October 2006

The claimant (B) applied for judicial review of a decision by the defendant local authority to cease providing B with support under the Children Act 1989 s 23C or s 24A. B had come from Uganda to the United Kingdom on a false passport at 15 years of age. He was left alone with no family or support and was assisted by the local authority under s 20 of the 1989 Act. His asylum claim was refused. The adjudicator found that removal would be justified under the European Convention on Human Rights 1950 Art 8(2), although it was not expected that removal would be attempted until B was 18 years old, or until satisfactory removal arrangements could be made. B made an application for leave to remain on the basis of Art 8 of the Convention. The local authority continued to provide for B until shortly after his 18th birthday, having been told by the Home Office that no action would be taken against B's application, but it discontinued support for several months, resuming when B was hospitalised...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.