AT v London Borough of Hillingdon & Anor
[2023] UKUT 149 (AAC)
Secretary of State for Work and Pensions v AT
8 November 2023
[2023] EWCA Civ 1307
Court of Appeal
A mom and her child were denied government help even though they had the right to live in the UK. The court decided the government *had* to help because everyone has a right to live with dignity, even after Brexit. The government argued it had a system in place, but the court said that wasn't enough – they needed to check if this family needed help and then give it to them.
Key Facts
- •AT, a destitute Romanian mother with a right of residence in the UK, was denied Universal Credit (UC).
- •The denial left her and her young child homeless and without resources.
- •AT had Pre-Settled Status (PSS) under the EU Settlement Scheme, a limited leave to remain.
- •AT was a victim of domestic violence and had no means of supporting herself or her child.
- •The Secretary of State for Work and Pensions (SSWP) appealed the lower tribunals' decisions, arguing the Charter of Fundamental Rights of the European Union (Charter) didn't apply post-Brexit.
Legal Principles
Right to free movement and residence
Article 21 TFEU
Citizens' Rights Directive
Directive 2004/38/EC
Charter of Fundamental Rights of the European Union
Articles 1, 4, 7, 24
Withdrawal Agreement
Agreement on the withdrawal of the UK from the EU
Section 7A EU(W)A 2018
European Union (Withdrawal) Act 2018
Right to dignity
Article 1 Charter
Right to respect for private and family life
Article 7 Charter
Child's best interests
Article 24 Charter
Inhuman or degrading treatment
Article 4 Charter, Article 3 ECHR
Section 17 Children Act 1989
Children Act 1989
Outcomes
Appeal dismissed
The Charter applies post-Brexit to those with rights under the Withdrawal Agreement. The SSWP's failure to conduct an individualized assessment of AT's needs and provide necessary support violated AT's right to dignity.