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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1985/2023

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

1 June 2023

Before:

Mr Justice Constable

Between:

The King on the application of
NS

-v-

Secretary of State for the Home Department

Order

On the Claimant’s application for interim relief
NOTIFICATION of the Judge’s decision
Following consideration of the documents lodged by the Claimant
ORDER by Mr Justice Constable

  1. The Defendant SHALL WITH IMMEDIATE EFFECT provide the Claimant with temporary support in accordance with s.98 Immigration and Asylum Act 1999 until the Secretary of State is able to determine whether support may be provided under s.95, or until further Order;
  2. Pursuant to CPR rule 39.2 and/or the Court’s inherent jurisdiction, the matter be known as R (NS) v Secretary of State for the Home Department and there be no publication of the name of the Claimant nor of any information that may lead to the identification of the Claimant.
  3. The Defendant shall serve its Acknowledgement of Service within 7 days, and the application for permission shall be determined on the papers as soon as possible thereafter.
  4. Costs reserved.

Reasons

  1. On the basis of the information provided, the Claimant has a strong prima facie case that the Defendant is in breach of the duty to offer support in accordance with s.98 IAA 1999.
  2. The Claimant has poor mental health, as evidenced by the fact that the Claimant is treated by a specialist mental health service for young asylum seekers and by the series of letters provided by his Counsellor from January to May 2023 in respect of his poor mental health. He has been assessed as a vulnerable young man who suffers from psychological distress and presents with suicidal ideation. The Defendant has recognised that the Claimant is vulnerable and may have urgent care needs as they have refused to provide support under s.98 IAA 1999 on the basis he is required to have a needs assessment.
  3. That needs assessment has now been carried out. The needs assessment identifies substantial risk with deteriorating mental health but he is assessed as not having any identified needs for the purposes of eligibility for care by the local authority. As such, the relevant local authority is not in a position to provide the Claimant with accommodation and subsistence. NS is at imminent risk of street homelessness as of 1 June.
  4. In light of the risk of street homelessness and the particular vulnerability of the Claimant, the balance of convenience lies firmly with requiring the Defendant to provide temporary support as per paragraph 1 of the
    Order.

NOTE:
As this decision has been made without a hearing pursuant to CPR 23.8, a party may apply to have this order set aside, varied or stayed, pursuant to PD23A 11.2 and CPR 3.3(4) to (6). The time limit for making such an application is 7 days after the service of this order on the party making the application.