DK R, (on the application of) v London Borough of Croydon
[2023] EWHC 1833 (Admin)
THE KING (on the application of CVN) v LONDON BOROUGH OF CROYDON
28 February 2023
[2023] EWHC 464 (Admin)
High Court
A young man from Albania who was once in the UK's care system had his housing support taken away. The court said the council *had* to help him keep a roof over his head because being homeless would stop him from studying and violate his human rights. The council must continue supporting him until his situation changes.
Key Facts
- •CVN, an Albanian national, arrived in the UK as an unaccompanied child seeking asylum.
- •His asylum claim was refused, and his appeal rights were exhausted.
- •The London Borough of Croydon (defendant) ended accommodation and support under the Children Act 1989.
- •CVN challenged the decision via judicial review, arguing unlawful removal of support.
- •The case centered on whether the local authority had a duty to prevent breaches of CVN's Convention rights and whether the interference with his right to education was proportionate.
Legal Principles
Statutory interpretation involves a plain reading, consideration of ambiguity, absurdity, and public interest.
R (Project for the Registration of Children as British Citizens and O) v Secretary of State for the Home Department [2022] UKSC 3
Article 3 ECHR (prohibition of torture) is an unqualified right; the state must prevent its breach.
R v Secretary of State for the Home Department ex parte Limbuela and others [2005] UKHL 66
Article 2 Protocol 1 ECHR (right to education) is a negative formulation; it doesn't compel states to establish educational systems but guarantees access.
Belgian Linguistics (No.2) (1968) 1 EHRR 252
Proportionality involves assessing the importance of the objective, rational connection, less intrusive measures, and balancing severity of effects against the objective's importance.
Bank Mellat v Her Majesty's Treasury (No 2) [2013] UKSC 39
Section 23C(4)(b) Children Act 1989 imposes a duty to provide assistance for welfare and educational needs of former looked-after children.
Children Act 1989, s.23C(4)(b)
Schedule 3, Paragraph 3, Nationality, Immigration and Asylum Act 2002 allows support despite ineligibility if necessary to prevent a breach of Convention rights.
Nationality, Immigration and Asylum Act 2002, Schedule 3, Paragraph 3
Outcomes
The defendant's decision to end support was quashed.
The local authority failed to consider whether its power to provide assistance was necessary to prevent a breach of CVN's Article 3 rights (connected to his educational needs) under Schedule 3, Paragraph 3, NIAA 2002. The interference with his Article 2 Protocol 1 right to education was also disproportionate.
A declaration was granted.
The defendant must continue paying for CVN's accommodation and provide subsistence support to avoid breaching Article 3 ECHR and support his education.
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