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.
Immigration status and the right to rent a property (R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department)
As part of the Home Office’s ‘hostile environment’ towards those without leave to remain in the UK, the Immigration Act 2014 prevents landlords from renting property to people who do not have leave to enter or remain in the UK. A body representing the interests of immigrants challenged this, arguing that the law breached both equality and human rights legislation because it causes landlords to discriminate against potential tenants on the grounds of their nationality and/or their race. This may happen, for example, because landlords think they do not look or sound British, even if they are not disqualified from renting.
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.
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.
Protecting the right of disabled people to stay in their own home (2) (EHRC v a Clinical Commissioning Group)
NHS Clinical Commissioning Groups (CCGs) are responsible for planning and commissioning healthcare in their local areas. This CCG had a policy 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 breached human rights laws and began legal proceedings against the CCG.
Challenging the Home Office’s Removal Notice Window (RNW) policy (R ((1) FB & (2) Medical Justice) v SSHD)
We intervened in a challenge regarding a Home Office policy, which gave people sometimes as little as 72 hours’ notice before they can be deported from the UK without further warning. The policy was ruled to be unlawful by the courts.
After we brought a judicial review against NHS Greater Glasgow and Clyde (NHSGGC) and HC One Oval Ltd, the owner of a chain of care homes, the NHSGGC stopped placing patients in two care homes in Glasgow without legal authority and a legal agreement was reached.