The exclusion of a British parent from homelessness assistance, because her child was subject to immigration control, was incompatible with Articles 8 and 14 ECHRZambrano carers:discrimination

Facts: Ms Morris was a British citizen but, because her daughter was not, they were excluded from housing assistance when homeless, under the provisions of Part 7 of the Housing Act 1996.

Judgment: the Court of Appeal (Auld, Sedley and Jonathan Parker LJJ, Jonathan Parker LJ dissenting) held that the exclusion was a violation of rights under Articles 8 and 14 ECHR. Pending the government amending that legislation, alternative provision could be used, potentially.

Comment: the European Court of Human Rights took a different view, in Bah v United Kingdom (see para 20.44 below).