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R v Hammersmith & Fulham LBC ex p M, P, A and X
(1997–8) 1 CCLR 85, CA
 
21.15R v Hammersmith & Fulham LBC ex p M, P, A and X (1997–8) 1 CCLR 85, CA
A destitute person might require ‘care and attention’
Facts: the applicants were healthy and able-bodied single males who were destitute asylum-seekers, not permitted to work and excluded from social security benefits and housing assistance. They sought residential accommodation under section 21 of the National Assistance Act 1948.
Judgment: the Court of Appeal (Lord Woolf MR, Waite and Henry LJJ) held that destitution would inevitably result in a person needing ‘care and attention’ within the meaning of section 21 of the National Assistance Act 1948:
Asylum-seekers are not entitled merely because they lack money and accommodation to claim they automatically qualify under section 21(1)(a). What they are entitled to claim (and this is the result of the 1996 Act) is that they can as a result of their predicament after they arrive in this country reach a state where they qualify under the subsection because of the effect upon them of the problems under which they are labouring. In addition to the lack of food and accommodation is to be added their inability to speak the language, their ignorance of this country and the fact they have been subject to the stress of coming to this country in circumstances which at least involve their contending to be refugees. Inevitably the combined effect of these factors with the passage of time will produce one or more of the conditions specifically referred to in section 21(1)(a). It is for the authority to decide whether they qualify. In making their decision, they can bear in mind the wide terms of the Direction to which reference has already been made, as contrary to Mr Beloff’s submission the direction is not ultra vires and gives a useful introduction to the application of the subsection. In particular the authorities can anticipate the deterioration which would otherwise take place in the asylum seekers condition by providing assistance under the section. They do not need to wait until the health of the asylum seeker has been damaged. The result is that section 21(1)(a) should enable assistance to be provided at least in the case of some asylum seekers. It also means that an added burden has been placed upon local authorities which but for the 1996 Act would have had to be met in part by central government. This consequence is not however one for which the court can give any relief. This court’s task is limited to seeking to clarify the proper interpretation and scope of section 21(1)(a) which having been done means this appeal should be dismissed.
Comment: this decision has now been substantially modified by the decisions of the House of Lords and Supreme Court in Slough (para 21.69) and SL (para 21.22 below). Nonetheless, it and Limbuela (para 21.32) remain powerful indicators that the courts will do everything possible to ensure that asylum-seekers are not left destitute.
R v Hammersmith & Fulham LBC ex p M, P, A and X
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