GT Stewart represent an asylum seeker who arrived in the UK as a child, in September 2014. He had been subjected to torture in his home country, Afghanistan, by the Taliban.
A recent decision by the Home Office to refuse his fresh application for asylum resulted in the local authority notifying him that his support as a care leaver would be withdrawn within 7 days. This included financial support and accommodation.
His asylum application is, however, ongoing.
The Community Care team sent to the local authority a pre-action protocol letter challenging the local authority’s decision to withdraw support, on the basis that no up to date human rights assessment had been completed and the client’s pathway plan had not been reviewed prior to the withdrawing of support.
The client was entirely reliant on support from the local authority so if support was ceased he would be destitute and street homeless, which would be in breach of his human rights under Article 3 of the Human Rights Act 1998.
Furthermore, it is not possible for the client to return to Afghanistan as there is a real risk of torture. If deportation was carried out it would be in breach of his Article 3 right.
The client has had similar issues with the local authority earlier this year, where they attempted to withdraw support. This resulted in the local authority paying GT Stewart costs on an application for permission to judicial review.
The local authority confirmed that support would continue to be provided to the client whilst a human rights assessment was completed.