21.40R (KA) v Essex CC [2013] EWHC 43 (Admin), (2013) 16 CCLR 63
It was incompatible with the ECHR to refuse accommodation to a destitute family whose claim for LTR under Article 8 ECHR had been refused, who were awaiting an appealable immigration decision and whose appeal would not be manifestly hopeless or abusive
Facts: KA and her husband, and their three children, were Nigerian citizens without a right to reside in the UK. The Secretary of State for the Home Department had refused various applications made by them for LTR, on a basis that did not carry a right of appeal, although the family would have a right of appeal on ECHR grounds if and when the Secretary of State for the Home Department made a removal decision. Essex declined to provide the family with accommodation and support under section 17 of the Children Act 1989 on the basis that it would not be a breach of Article 8 ECHR if the family had to return to Nigeria.
Judgment: Deputy High Court Judge Robin Purchas held that, since the family would in due course have a right of appeal that was neither manifestly hopeless or abusive, it would be a breach of the procedural protection afforded by Article 8 ECHR for Essex to refuse support, when that would drive the family to leave the UK.