March 15, 2024

DXK -v- Secretary of State for the Home Department (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Claim No: CO/4585/2020 & AC-2020-LON-003618

In the High Court of Justice
King’s Bench Division
Administrative Court

15 March 2024

Before:

Mr Paul Bowen KC sitting as a Deputy High Court Judge

Between:

The King on the application of
DXK

-v

Secretary of State for the Home Department

and

Migrant Helpline Limited (trading as Migrant Help) (A charity (1))

Clearsprings Ready Homes Limited (2)
(interested parties)

Order

BEFORE Mr Paul Bowen KC sitting as a Deputy High Court Judge at the Royal Courts of Justice

UPON the Court having handed down its reserved judgment on 15 March 2024

AND UPON submissions from the Claimant and the Defendant

AND UPON the Claimant’s ground 1 having previously been determined to have become academic and barred from being advanced by the Order of Jonathan Moffett KC DHCJ, and accordingly not being determined by the Court

AND UPON the Claimant having been refused permission by the Order of Jonathan Moffett KC DHCJ to pursue Ground 7

AND UPON the Court finding it unnecessary to determine the Claimant’s application to admit the expert report of Peggy Osborne

IT IS ORDERED THAT:

1. Pursuant to the court’s inherent jurisdiction and CPR 39.2(4) and section 11 Contempt of Court Act 1981 no information may be published which may identify the Claimant or her child and the Claimant shall be referred to by her initials DXK. Permission to publish the judgment is given expressly on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the Claimant and her child must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

2. The claim is allowed on ground 6. Grounds 2-5 are dismissed.

3. The Defendant’s application for permission to appeal in respect of Ground 6 is refused.

4. It is declared that the Defendant has failed to comply with his duties under s.149 of the Equality Act 2010 (the public sector equality duty) concerning allocation of accommodation under the Immigration and Asylum Act 1999 (‘the 1999 Act’) in regard to pregnant and new mother asylum seekers and failed asylum seekers (‘PNMAS’).

5. The Secretary of State, once he has reached a decision that he has a duty to accommodate under s 4(2), s 98 or s 95 of the 1999 Act, shall collect statistical data on the provision of that accommodation to PNMAS and shall monitor that data to determine: the number of PNMAS requiring accommodation under the 1999 Act; the number and proportion of PNMAS who are dispersed from initial accommodation to dispersal accommodation before the beginning of their ‘protected period’; the average period between the UKVI’s decision on eligibility for s 95 or s 4(2) accommodation and the making of an instruction to provider (‘ITP’) for dispersal accommodation in relation to PNMAS; the average period between the making of an ITP for dispersal accommodation and dispersal by the service provider in relation to PNMAS; and the average period spent by PNMAS in initial accommodation before dispersal.

6. The Defendant shall pay 60% of the Claimant’s reasonable costs of the claim from 8 July2022, to be assessed if not agreed.

7. The Claimant’s legally aided costs shall, to any extent required, be subject to detailed assessment.