21 May 2004 [asylumpolicy.info] - Sec 55 update - 'Shelter is a basic human right'
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:: UK ::
Section 55: update
Shelter is a basic human right, says Court of Appeal
Full-text below:
Court rejects Blunkett's asylum support appeal
Blunkett loses appeal on asylum seekers
Shelter today (21 May 2004) heralds the Court of Appeal ruling (1) that ‘shelter of some form from the elements at night’ is a ‘basic amenity’ (2).
Shelter, who intervened in the case of three destitute asylum seekers, is delighted by the groundbreaking decision as asylum seekers and other destitute people who are not currently given state assistance, may, for the first time, have a case for claiming that their human rights have been breached on the grounds of homelessness.
Since this legislation was introduced to Parliament, Shelter has warned, that because of the lack of charitable assistance, Section 55 would cause increased street homelessness. Lord Justice Jacob said that at present, 'any reasonable estimate of the number likely to be put on the streets (and the Secretary of State has not himself made any estimate) is that it must be of the order of 500 or more. Most of these will be in London.' He set this against the Governments own Rough Sleepers Unit estimate of 532 people currently sleeping rough throughout England.
Following this judgement the Home Office must now produce guidance on the implementation of Section 55 in order to ensure further breaches of human rights are avoided and that the courts are no longer the first point of proper decision-making on a time consuming and expensive case-by-case basis.
Adam Sampson, Director of Shelter, commented:
This judgement is a victory for very vulnerable people who are in desperate need with nowhere to turn. Section 55 is threatening to greatly increase the number of homeless people on the streets undermining the Governments own successes in tackling rough sleeping. We hope that it will now not only implement the courts guidance but also undertake a thorough review of Section 55 called for by the Home Affairs Select committee.
NOTES TO EDITORS
1. In the case of Secretary of State for the Home Department and Wayoka Limbuela, Binyam Tefera Tesema and Yusif Adam two of the three Court of Appeal judges dismissed all three appeals against Section 55 decisions brought by the Home Office
2. Statement from Lord Justice Carnwath
3. Shelter believes everyone should have a home and helps 100,000 people a year fight for their rights, get back on their feet, and find and keep a home. We also tackle the root causes of Britain's housing crisis by campaigning for new laws, policies and solutions. Shelter launched the Million Children Campaign in April 2004 aimed at getting the Government to commit to ending bad housing for the next generation of children
4. Spokespeople are available for interview
5. Shelter's ISDN Line is 020 7251 2790
6. Shelter runs Shelterline, supported by Bradford & Bingley, the UK's free, 24 hour, national housing advice line on 0808 800 4444, and Shelternet
7. For more information about Shelter visit
For more information please contact:
Brian Dow
tel 020 7505 2162
fax 020 7505 2165
brian_dow@shelter.org.uk
Thanks
frank.corrigan@asylumpolicy.info