Case Name:

R v OXFORDSHIRE COUNTY COUNCIL, EX PARTE KHAN (2002)

Court: QBD Administrative Court (Moses J) 4/10/2002

ELIGIBILITY FOR FINANCIAL SUPPORT: TEST FOR ELIGIBILITY: LEAVE TO REMAIN: SCOPE OF LOCAL AUTHORITY’S DUTY OF CARE: CARE AND ATTENTION: SIGNIFICANT NEEDS: CIRCUMSTANCES OTHER THAN LACK OF ACCOMMODATION AND FUNDS: S.21 NATIONAL ASSISTANCE ACT 1948: S.2 LOCAL GOVERNMENT ACT 2000: S.115 IMMIGRATION AND ASYLUM ACT 1999: S.47 NATIONAL HEALTH SERVICE COMMUNITY CARE ACT 1990

Summary:

The defendant's decision to refuse the claimant support under s.21 National Assistance Act 1948 was irrational. Although it was true that domestic violence had caused the claimant to become destitute, it did not follow that her need for care and attention arose solely from her destitution.

Text:

Application by the claimant ('K') for judicial review of a decision by the defendant council to refuse K's claim for support under s.21 National Assistance Act 1948. K was a Pakistani national who had been granted leave to enter the United Kingdom in order to join her husband. The marriage broke down as the result of the husband's violence and K left the matrimonial home. She was kidnapped by her husband's family on two occasions but managed to escape both times.

The council refused K's application for support under the 1948 Act on the ground that, although she lacked accommodation and funds, there was nothing in her circumstances that made her need any more acute. K challenged that conclusion on the ground that her position was made more acute by her vulnerability as a battered and kidnapped wife.

HELD:

(1) The council had applied the correct legal tests, in that: (i) K was excluded from benefit under s.21 of the 1948 if her need for care and attention arose solely from her destitution (per s.115 Immigration and Asylum Act 1999); and (ii) she was not otherwise entitled to benefit under the Local Government Act 2000.

(2) However, the approach adopted by the council in relation to K's destitution was flawed. Although it was true that domestic violence had caused K to become destitute, it did not follow that her need for care and attention arose solely from her destitution. Domestic violence was capable of making the claimant's needs more acute.

Application allowed.

Appearances:

Mr H Southey instructed by Turpin & Miller (Oxford) for K. Mr J Swift instructed

by and for the council.

References: TLR 4/11/2002 : LTL 19/11/2002

Judgment: Official

Full Text: [Full Text]

Neutral Citation:

[2002] EWHC 2211 (Admin)