THE KING (on the application of CVN) v LONDON BOROUGH OF CROYDON
[2023] EWHC 464 (Admin)
DK R, (on the application of) v London Borough of Croydon
19 July 2023
[2023] EWHC 1833 (Admin)
High Court
A young man who was in the care system needed more help after his asylum claim was denied. The council refused to assess if refusing this help broke his human rights. The court said the council must do the assessment first, before deciding if they have to help him.
Key Facts
- •DK, a 23-year-old Albanian national, claimed asylum in the UK as an unaccompanied child.
- •London Borough of Croydon (Council) initially provided care under the Children Act 1989.
- •Council refused further support in May 2021 after DK's asylum claim was rejected.
- •DK challenged the lawfulness of the refusal, arguing the Council failed to conduct a human rights assessment and that the refusal breached his Articles 4 and 8 ECHR rights.
- •DK experienced exploitation, potential trafficking, and mental health issues during his time in the UK.
- •Council conducted a human rights assessment in May 2021 and an addendum in August 2021, upholding its decision to withdraw support.
- •Subsequent reports supported DK's claims of vulnerability and exploitation.
- •Council initially argued no statutory requirement existed for a human rights assessment.
- •After the hearing, the Council agreed to conduct a human rights assessment.
Legal Principles
Schedule 3 of the Nationality, Immigration and Asylum Act 2002 prohibits local authorities from providing support to individuals in the UK in breach of immigration laws, except where necessary to avoid breaching Convention rights.
Nationality, Immigration and Asylum Act 2002, Schedule 3
Children Act 1989 sets out obligations for local authorities to support care leavers.
Children Act 1989
Local authorities must consider whether refusing support would breach a person's Convention rights under Article 4 and 8 of the ECHR.
R (Clue) v Birmingham City Council [2010] EWCA Civ 460; R (de Almeida) v Kensington and Chelsea Borough Council [2012] EWHC 1082 (Admin)
Local authorities have a “corporate parenting” duty to looked-after children and care leavers.
Children and Social Work Act 2017, section 1
Outcomes
The Council's initial refusal to conduct a human rights assessment was unlawful.
While not statutorily mandated, the Council was obliged to consider whether refusing support breached DK's Convention rights, particularly given new evidence of vulnerability and exploitation.
The court approved the parties' agreement for the Council to conduct a human rights assessment.
This would allow a proper determination of whether the Convention exception in Schedule 3 applied to DK's case.
Judgment on the Articles 4 and 8 ECHR claim was postponed pending the outcome of the human rights assessment.
The claim was fact-sensitive and depended on the outcome of the assessment.
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