21.75R (Refugee Action) v Secretary of State for the Home Department [2014] EWHC 1033 (Admin), [2014] PTSR D18
The level of asylum support was in breach of the Reception Conditions Directive
Facts: Refugee Action sought a judicial review of the levels of asylum support paid under the Asylum Support Regulations 2000.
Judgment: Popplewell J held that the levels of support were, in a number of respects, below the minimum required by Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum-seekers, insofar as the Secretary of State for the Home Department had:
•disregarded the following essential needs: (i) essential household goods such as washing powder, cleaning materials and disinfectant; (ii) nappies, formula milk and other special requirements of new mothers, babies and very young children; (iii) non-prescription medication; (iv) the opportunity to maintain interpersonal relationships and a minimum level of participation in social, cultural and religious life;
•failed to consider whether the following matters were essential needs: (i) travel by public transport to attend appointments with legal advisers, where it was not covered by legal aid; (ii) telephone calls to maintain contact with families and legal representatives, and for necessary communication to progress their asylum claims, such as with legal representatives, witnesses and others who may be able to assist with obtaining evidence in relation to the claim; and (iii) writing materials, where necessary for communication and for the education of children.