Immigration rules: extending domestic violence protection to refugees (R (A) v Secretary of State for the Home Department)
The wife of a refugee was granted temporary leave to remain in the UK. When domestic violence forced her to leave her husband, immigration rules meant she was no longer eligible for indefinite leave to remain. Had her partner been a British citizen or had settled immigration status, she would still be eligible for indefinite leave to remain under the Home Office’s domestic violence concession. However, the concession did not apply to partners of refugees. The woman unsuccessfully challenged the rules in the Court of Session (Outer House), and brought an appeal to the Court of Session (Inner House).
Protecting the right of disabled people to stay in their own home (1) (EHRC v 13 Clinical Commissioning Groups)
NHS Clinical Commissioning Groups (CCGs) are responsible for planning and commissioning healthcare in their local areas. A number of CCGs had policies which limited spending on continuing healthcare. It meant that disabled people with ongoing health needs risked being moved from their homes into residential care against their wishes. We believe this breaches human rights laws and began legal proceedings against the 13 CCGs with the most overly restrictive policies.
NHS regulations require most non-EU citizens to pay up to 150 percent of the cost of healthcare treatment. A man who was being treated for cancer challenged this in the courts, arguing that the regulations did not comply with equality laws.
Hillingdon Council’s housing rules said that a person must have lived in the area for at least ten years before they could apply for a house. The council refused two people, a refugee who had been given permission to stay in the UK and an Irish Traveller, on these grounds. We saw this as discriminatory and we intervened in their cases in the Administrative Court and the Court of Appeal.
Challenging the Home Secretary’s review of the way payments are calculated for asylum seekers (R (Nyamayaro and Okolo) v The Secretary of State for the Home Department)
An asylum seeker lost 30 per cent of her financial support after the Home Office changed how it calculates payments. She raised a Judicial Review, which was unsuccessful. She appealed. We intervened in the case because we were concerned that the Home Secretary hadn’t given enough consideration to the impact on human rights or equality laws.
Challenging the ‘two-child limit’ rule (R (on the application of SC and CB and their children) v Secretary of State for Work and Pensions)
The Welfare Reform and Work Act 2016 provides that child tax credit and its replacement universal credit will not be payable to any 3rd or subsequent children in a family born after 6th April 2017 (subject to some exceptions). This is known as the ‘two child rule’.
SC and CB each had a baby after 6th April 2017 and do not receive any tax credits for those children.