Claim No: CO/2414/2022
In the High Court of Justice
King’s Bench Division
29 July 2022
Mr Justice Choudhury
Secretary of State for the Home Department
Upon considering the Claimant’s application for interim relief;
It is ordered that:
1. The Claimant shall be anonymised as ‘FA’ pursuant to CPR r. 39.2(4).
2. The Defendant shall not issue any notice of eviction or take any other steps to remove the Claimant from their property until the final determination of this application for interim relief.
3. The Defendant shall file and serve her response to the application by 4pm on 18 August 2022 and the Claimant is permitted to provide a reply within 5 working days of the Defendant’s response.
4. Costs in the case.
1. The medical evidence in this case is extensive and points to there being a real need for self contained accommodation within reasonable travelling distance of the Claimant’s current support network and familiar medical services. There may be some merit in the Defendant’s recent assertion that it is the very proximity to overused A&E services that is preventing recovery and that there is no medical need for the type of accommodation sought; however, those assertions appear, at present, to be largely unevidenced and do not address the concerns raised by the extensive medical evidence lodged on the Claimant’s behalf.
2. In these circumstances, there is a sufficient basis for interim relief of limited duration until the Defendant can respond to the Claimant’s application. I have allowed a period 20 days for such response. This maintains the status quo in circumstances where the Defendant accepts there is a duty to accommodate.