New High Court judgment finds council’s ‘no recourse to public funds’ policy unlawful

From Garden Court Chambers -

The High Court today held that the London Borough of Newham’s policy on supporting families with no recourse to public funds is unlawful. The claimants were represented by Shu Shin Luh.

The claimants are three children who brought the proceedings via their mother. They challenged Newham’s failure to assess their needs lawfully and its decision to provide only £50 per week to meet their and their mother’s subsistence needs. This level of support was inadequate but Newham contended it was in accordance with its policy.

The High Court held that the rates derived from child benefits were flawed and should not have been applied to the claimants. The High Court directed the local authority to reconsider the policy and to consider what back payments should be awarded to the claimants.

A copy of the judgment is available via http://www.gardencourtchambers.co.uk/councils-policy-families-recourse-public-funds-unlawful/