The local authority was responsible for providing residential accommodation to a mother but the Secretary of State for the Home Department was responsible for funding the children’s accommodation and support costsZambrano carers:fundingZambrano carers:immigration control, persons subject toZambrano carers:housing/accommodation

Facts: Ms O was an HIV+ Ugandan citizen with two dependent children, who had come to the UK to join her husband, but had then fled domestic violence from him. Pending the Secretary of State for the Home Department’s determination of her application for LTR, she applied for support from Haringey.

Judgment: the Court of Appeal (the LCJ, Rix and Carnwath LJJ) held that Haringey was responsible for accommodating the mother, under section 21 of the National Assistance Act 1948, whereas the Secretary of State for the Home Department was responsible for accommodating the children, under section 122 of the Immigration and Asylum Act 1999: in practice, the whole family would have to be accommodated by Haringey, with the Secretary of State for the Home Department paying for the cost of accommodating the children.