Facts: Hounslow declined to provide further support to Ms Birara (a failed asylum-seeker with fresh representations pending) under the children leaving care provisions, to enable her to continue to pursue a nursing course because, in its view, Ms Birara was unlawfully present in the UK (so that Schedule 3 to the Nationality, Immigration and Asylum Act 2002 applied) and because, in any event, its policy was only to provide support after the age of 21 where it had resolved to do so before the applicant reached that age.

Judgment: Mrs Justice Dobbs held that because Ms Birara had applied for asylum at port she was lawfully present and that there were a number of deficiencies in the pathway plans, which meant that Hounslow had not properly considered whether it ought to continue to support Ms Birara after she turned 18; it followed that Hounslow had not properly considered its policy and whether to make an exception to it.

Comment: as noted above, paragraph 7 of Schedule 3 now applies when a person is in the UK in breach of the immigration laws within section 50A of the British Nationality Act 1981.