The case, brought by an asylum seeker from Eritrea, focused on whether the provision of accommodation to a care leaving asylum seeker should be the responsibility of the local authority – in this case the London Borough of Barking and Dagenham – or the National Asylum Support Service.
The court ruled that under The Children Act 2004, the local authority has responsibility to ensure that accommodation is available where the welfare of the young person requires it. This will impact on care leavers, including those seeking asylum or leaving custody, who are unable to find accommodation through other housing providers.
In July, The Children’s Society was granted leave to intervene in the case and argued that the provision of accommodation was intended as a crucial "safety net" to protect the welfare of young people as they leave care.
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