Claim Number: CO/1179/2023
In The High Court Of Justice
King’s Bench Division
31 March 2023
Justice Foster DBE
The Secretary of State for The Home Department and Bristol City Council
UPON THE CLAIMANT’S APPLICATION ON AN EMERGENCY BASIS FOR
(I) PERMISSION FOR JUDICIAL REVIEW
(II) INTERIM RELIEF BY WAY OF ACCOMMODATION and OTHER SUPPORT FROM 3 APRIL 2023
FOLLOWING consideration of the Claimant’s grounds for judicial review; the bundle of documents lodged in support of that application; and the Claimant’s form N463,
IT IS ORDERED:
- By no later than 4 pm on Monday 3rd April 2023, the Defendant shall:
(i) provide accommodation to the Claimant located within the area of Bristol City Council; and
(ii) provide financial support sufficient for the Claimant to meet his daily living needs, so as to enable him to live at the accommodation provided to him by the Defendant without becoming destitute.
- The relief provided for in (1) is to continue until the Claimant’s application for permission is determined by the Court, or further order.
- The requirement for an Acknowledgment of Service is hereby dispensed with.
- The Defendant do serve such Summary Grounds of Defence as it is advised to serve by noon on Thursday 6 April 2023.
- The permission application is to be reconsidered thereafter on the papers as soon as possible after 18 April 2023.
- The Interested Party is to be served with all documentation in the case and may take such part (or not as they deem appropriate.
- The Claimant is granted anonymity and, henceforward, shall be referred to in documents issued by the Court as ‘MO.’ The publication of his name or any detail tending to identify him is prohibited.
- There be liberty to apply on 24 hours’ written notice by email to any party and to the Court to vary or discharge this order.
- Costs reserved.
- This application arise from a failure of the Defendant to commence the process of accommodating the Claimant as it indicated it would. The Interested party (served for information) has on a number of occasions extended the accommodation of this very troubled Afghan asylum seeker who has threatened and appears close to suicide.
- MO’s GP says:
“My primary concerns in writing today is to ask that he is not moved from Bristol as he has some family contacts, a fragile network of friends and good support services. Were he to be moved to an entirely new city I fear this could precipitate prior suicidal intent”.
- The chronology shows: . 13th March 2023, MOs solicitors sent an urgent pre-action letter, challenging the failure to make a decision on his application for Schedule 10 accommodation. On the same day SSHD granted MO accommodation, pursuant to her Schedule 10 powers, on the basis that it was necessary to provide accommodation to MO, who appeared to SSHD to be destitute.
- The letter of 13th March said that SSHD’s accommodation provider would be in direct contact with MO to make arrangements for him to be picked up and taken to the accommodation that was to be provided. On 15th March 2023, SSHD informed that there was a proposed pick up date of 24th March 2023. However the SSHD has not been in contact with MO since, and there is no indication as to when he will be provided with accommodation; or that arrangements for him to be collected and taken to accommodation have actually been made.
- On 21st March 2023, an urgent pre-action letter was sent to SSHD, challenging her failure to commence the provision of Schedule 10 accommodation explaining the need to provide accommodation for MO in the Bristol area in the light of MO’s vulnerabilities.
- There has been no response. Throughout Bristol the IP have extended their accommodation but MO is to be finally evicted on Monday 3 April 2023. The SSHD must accommodate MO in the interim whilst this case is decided.
- There appears to be a strong prima facie case for him to have Schedule 10 accommodation in Bristol given the cogent medical and other evidence of the likelihood of his serious decline, even suicide, without local support.