July 20th, 2023 by James Goudie KC

In R ( DK ) v LONDON BOROUGH OF CROYDON ( 2023 ) EWHC 1833 ( Admin ) the claimant came came to the Uk and claimed asylum as an unaccompanied child. The Council duly accommodated and looked after him as a child in need. However, when he reached 21 and his asylum claim had been rejected the Council refused to support him any further. They relied upon Schedule 3 to NIAA 2002. He claimed that the Council should have carried out a human rights assessment.

Sir Ross Cranston ruled at paras 57-61 inc that what a local authority is required to do is to consider a request for the exercise of a power, or the performance of a duty, when support is requested by a person who but for NIAA Schedule 3 would be entitled to support. In applying the Schedule 3 prohibition the authority must consider that this does not breach ECHR rights. That may or may not involve a human rights assessment. A blanket refusal will not do.

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